The Houston Family Law Blog


Surrogacy Contracts in Texas

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Texas family law attorneys say that the legal issues around surrogacy agreements can be complex, but at the same time surrogacy can also be a good option for couples who are looking to adopt. FindLaw states that surrogacy most often occurs when a married couple is looking to have a child, but the wife is not able to carry a pregnancy. A fertile husband is able artificially inseminate into a fertile woman through a privately arranged contract. In certain instances, a surrogate mother can also be impregnated with an embryo produced by the wife's ovum.

This way the child is related to at least one parent, so it's only the mother that needs to go through the process of adoption from the surrogate mother. Some states have actually banned the use of surrogacy contracts. Entering into them can result in criminal charges in these states. However, this is not the case with Texas.

Texas allows surrogacy, but there are certain regulations under Texas Family Code 160.751 - 160.753. Under Texas law, the intended mother must show that she is unable to carry a pregnancy or give birth and the intended parents must also be married. The surrogacy mother must have had at least one prior pregnancy and delivery and legally maintains control over all health-related decisions during the pregnancy. Drafting a surrogacy contract can be very tricky and should only be done by Texas family law attorneys. The couple looking to adopt the child and the surrogate typically separate counsel to ensure that their best interests are protected.

If you or a loved one is thinking about surrogacy in Texas, it may be best to consult a Texas family law attorney.

Related Resources:

  • Top 10 Reasons To Use An Attorney: Surrogacy Arrangement (FindLaw)
  • Surrogate Motherhood (LawBrain)
  • View Texas Family Law Attorneys (FindLaw)

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