What Types of Surrogacy Are Legal in Texas?

Traditional surrogacy, gestational surrogacy, private surrogacy, gay surrogacy — are they a possibility for intended parents and surrogates in the Lone Star State? Find out what you need to know about each here.

In exploring your surrogacy options, you may have learned that there are many different types of surrogacy in the United States. And, because surrogacy laws vary by state, what may be possible in one location may be strictly prohibited in another.

So, what kinds of surrogacy are legal in Texas?

Before you decide what path is right for you, it’s important that you understand the different risks and possibilities related to each potential surrogacy option. You can find out a bit more about each path below.

Remember: The surrogacy specialists at American Surrogacy are always here to answer your questions about surrogacy in Texas, whatever option you are interested in. We can give you all the information you need and help guide you through the path that is right for your family.

Gestational Surrogacy in Texas

The most popular type of surrogacy by far is gestational surrogacy in Texas. Gestational surrogacy is the safest, most ethical and easiest legal path for intended parents and surrogates throughout the United States — including those in the Lone Star State.

In a gestational surrogacy in Texas, a surrogate is not genetically related to the baby she carries. Instead, an embryo from the intended parents (either created with their own gametes or with a combination of donated gametes) is transferred to a surrogate’s uterus. Because she is not the baby’s biological mother, many of the emotional and legal risks associated with a genetic relationship will not be an issue.

Existing Texas surrogacy laws only apply to gestational surrogacies. The legislature has laid out a well-defined process of establishing parentage for intended parents in gestational surrogacy in Texas. If a gestational surrogacy contract meets all of the standards set forth by Texas laws, the contract is enforceable.

Because of this, many surrogacy professionals in Texas will only complete gestational surrogacies. American Surrogacy is one of them. Our specialists are well-experienced in the process of gestational surrogacy in Texas, and we can guide you through your journey with all the expertise and support you need.

To learn more about this process today, or to get started on your surrogacy journey, please call our agency at 1-800-875-BABY(2229).

Traditional Surrogacy in Texas

Less common than gestational surrogacy is traditional surrogacy in Texas. In this kind of surrogacy, a surrogate is the biological mother of the child she carries. The surrogate pregnancy is either achieved through intrauterine insemination or through the IVF process after harvesting the prospective surrogate’s eggs.

Because surrogacy laws in Texas only apply to gestational surrogacy, traditional surrogacy in Texas is legally treated like an adoption. This means that a surrogate will have to wait 48 hours after the baby is born to relinquish her parental rights. Paperwork cannot be filed until after the baby is born and, according to birth parent living expense regulations, there may be restrictions on how much compensation a woman can receive.

Because of the legal and emotional complexities of a traditional surrogacy in Texas, it is a process rarely completed. Intended parents and surrogates who choose this path must first be comfortable with the risks involved.

Compensated (or “Paid”) Surrogacy in Texas

Some state laws prohibit or restrict the base compensation a woman can receive when she becomes a surrogate. Fortunately, Texas is not one of those states.

Paid surrogacy in Texas is completely legal and, for many professionals, the preferred way of going about the family-building process. There are no state laws that regulate the amount of money a woman can receive for her surrogacy services (as long as she is a gestational carrier). Instead, intended parents and gestational surrogates should speak at length with a surrogacy professional in Texas to learn more about the average surrogate compensation for their situation.

Private Surrogacy in Texas

While many people find the advantages of an agency-assisted surrogacy are too invaluable to turn down, you always have the option of an independent or private surrogacy in Texas.

During an independent surrogacy, intended parents and gestational carriers are responsible for many steps in the process, including organizing and coordinating with all necessary professionals. Only a surrogacy attorney and fertility clinic are needed in a private surrogacy in Texas.

Before you embark on a private surrogacy, we encourage you to speak with our specialists.  We can explain the pros and cons of agency-assisted and private surrogacy in Texas to help you make the best decision for your family.

Single-Parent Surrogacy in Texas

If you are a single mother or single father, surrogacy in Texas may be a path you’re unsure about. Is it really possible to have a single-parent surrogacy in Texas?

The answer is yes. Many single parents have added to their family through surrogacy in the Lone Star State, and American Surrogacy is happy to assist you through this journey. We have helped many people complete their single-parent surrogacies across the United States, and we can help you, too.

In your research on surrogacy in Texas, you may become discouraged that surrogacy laws in Texas specifically apply to married intended parents. However, your local court may still issue a parentage declaration for single parents like you. It’s a good idea to speak to your local surrogacy attorney for more information on this legal process.

Gay Surrogacy in Texas

If you are an LGBT intended parent — whether a single parent or a member of a couple — know that gay surrogacy in Texas is a possibility for you.

For all intents and purposes, married LGBT couples are treated the same as heterosexual couples under Texas surrogacy laws. This means that, as long as your surrogacy contract meets state regulations, you can safely and legally pursue a Texas gay surrogacy. The use of a donor gamete will likely not affect your ability to obtain a pre- or post-birth parentage order. Of course, the advice of an experienced surrogacy lawyer will clarify this issue.

When you pursue gay surrogacy in Texas, it’s important that you work with an agency that will support you. American Surrogacy prides itself on assisting many LGBT intended parents through the surrogacy process, and we are happy to help you, too. To learn more about our services for your LGBT surrogacy in the Lone Star State, please contact us today.