Texas surrogacy laws
Texas Surrogacy Laws: What Every Surrogate Should Know
Texas surrogacy laws allow gestational agreements and protect your rights as a surrogate. Here is what you need to know before you apply.
Quick Answer
- Note: This is general information, not legal advice. Your independent attorney explains how these laws apply to you.
- Texas allows gestational surrogacy under the Texas Family Code
- A gestational agreement must be validated by the court
- Pre-birth parentage orders are available in most Texas counties
- Every surrogate gets her own independent attorney to review the contract
How Texas Surrogacy Laws Protect You
Texas surrogacy laws are on your side. The state allows gestational agreements. These rules are in the Texas Family Code.
Your contract is a binding legal deal. It says who the parents are. It lists your pay. It covers your rights and health choices.
You get your own lawyer. Your attorney works for you only. Not for the parents. Not for the agency.
The contract is done before embryo transfer. Every detail is set. You know your pay, your plan, and your rights.
The Texas Capitol has the full text of the Family Code. Your legal team tracks any updates to the law.
You get your own attorney in Texas. Your lawyer works for you and reviews every line of the contract.
Texas Parentage Orders for Surrogates
Texas surrogacy laws allow pre-birth parentage orders in most counties, under Texas Family Code Chapter 160. The court names the parents before the baby is born.
You are not the legal parent. The parents go on the birth record. No adoption step is needed. No extra court date after birth.
The court validates your contract during pregnancy. When it says yes, the parentage order is part of the deal. It is done before you deliver.
See surrogacy parentage orders for a wider view of how this works. Texas is one of the good states for this step.
Texas has a clear legal path that helps it rank well for surrogates.
Under Texas Family Code Chapter 160, Texas courts can name the parents before birth. You are not listed as the legal parent. The parents' names go on the birth record.
What Your Texas Surrogacy Contract Covers
Your contract under Texas surrogacy laws covers the full journey. It is clear and it is binding once the court says yes.
It lists your pay. Base comp starts at $60,000 for first-time surrogates. Repeat surrogates start at $70,000. You also get a monthly allowance and extras.
It covers medical calls. You keep control of your body. The contract states this in plain terms.
It covers the birth plan. Who is in the room. What the hospital does. It is all set before you start.
See surrogacy legal contracts for more on what these deals cover. Your lawyer goes through every line with you.
- Base pay, monthly allowance, and extra benefits
- Medical choices and body autonomy
- Birth plan and hospital details
- Travel and expense coverage
- Insurance and medical costs paid by IPs
Start Your Texas Surrogacy Journey Today
Texas surrogacy laws back you up. The state says yes. Your rights are clear. Your pay is set in a court-backed contract.
To start, you must meet a few basic rules. Be 21 to 38. Have a healthy BMI. Have one prior pregnancy with no big issues. Be a non-smoker. Be a U.S. citizen or resident.
Parents are on a waitlist. There are not enough surrogates. Texas surrogates are needed right now.
See how our home state works in Idaho surrogacy laws. Then apply today to get started.
You get 24/7 support from day one. Our team walks you through every step.
Texas surrogates are urgently needed. Parents are on a waitlist. Your choice to apply could bring a family together.
Frequently Asked Questions
Is gestational surrogacy legal in Texas?
Yes — Texas allows gestational surrogacy under Texas Family Code Chapter 160. Gestational agreements are enforceable once validated by the court. This is general information; your independent attorney explains how Texas law applies to your situation.
Do the intended parents have to be married in Texas?
Under current Texas Family Code Chapter 160, intended parents must be married for a gestational agreement to be validated by the court. Your independent attorney confirms the current requirements.
Will I be listed as the legal parent in Texas?
No — under Texas Family Code Chapter 160, Texas allows pre-birth parentage orders in most counties, establishing the intended parents as legal parents before the baby is born.
Does Rocky Mountain Surrogacy work with Texas surrogates?
Yes — Texas is one of Rocky Mountain Surrogacy's top recruiting states. The agency works with Texas-licensed surrogacy attorneys who handle these cases regularly.