Texas Fertility & Surrogacy Law
Trusted Legal Support for Intended Parents, Surrogates, and Donors in Texas
Texas expressly permits gestational surrogacy, but it does so through a structured legal framework that requires careful planning from the outset. Unlike states where parentage is presumed, Texas law requires surrogacy agreements to meet specific statutory conditions and be validated by a court before parental rights are secured.
When these requirements are properly addressed, gestational surrogacy in Texas can proceed smoothly and predictably. When they are not, families may face delays or uncertainty.
At Fertility & Surrogacy Legal Group, APC (FSLG), our Texas fertility and surrogacy lawyers guide intended parents, gestational carriers, and donors through each step of the process with clarity, precision, and proactive legal protection — helping families move forward with confidence from the very beginning.
Why Texas Is Distinct in Surrogacy & ART Law
Texas is one of the few states that expressly regulates gestational surrogacy by statute, which creates both opportunity and complexity.
Key features of surrogacy and ART in Texas include:
Gestational surrogacy is legally recognized and permitted
Surrogacy contracts must be validated by a court to be enforceable
Medical evidence is required to establish eligibility
Texas law focuses exclusively on gestational surrogacy
Traditional surrogacy is generally treated under adoption law
Parentage orders are available when statutory requirements are met
Courts play a central role in confirming parental rights
Because Texas surrogacy law is precise and conditional, early legal guidance is essential.
Who We Assist in Texas
FSLG supports all parties involved in gestational surrogacy and assisted reproduction in Texas, including:
LGBTQ+ Family Building in Texas
Texas permits LGBTQ+ individuals and couples to pursue gestational surrogacy and donor conception. While the path to parenthood is open, Texas law includes specific validation requirements that make early legal planning essential.
FSLG supports LGBTQ+ intended parents in Texas with:
- Clear guidance on Texas-specific parentage and contract requirements
- Strategic planning when marital status affects surrogacy contract validation
- Donor gamete agreements that protect the non-biological parent’s rights
- Second-parent and confirmatory adoption services when needed to secure parentage
- Proactive review of agency, clinic, and surrogacy agreements before medical steps begin
Our role is to ensure that both parents’ rights are fully protected from the outset — not corrected later.
Texas Surrogacy & Fertility Law Basics
Texas law recognizes gestational surrogacy, but only when specific statutory conditions are satisfied.
Gestational Surrogacy in Texas
Texas permits gestational surrogacy through a validated gestational agreement. To qualify:
- The agreement must be in writing and executed before embryo transfer
- A court must validate the agreement
- Medical evidence must show that the intended mother cannot safely carry a pregnancy or that pregnancy poses an unreasonable health risk
When validated, the agreement establishes the intended parents’ rights and confirms that the gestational carrier is not a legal parent.
Marriage & Eligibility Considerations
Texas statutes are written with married intended parents in mind. In practice, outcomes for unmarried or LGBTQ+ intended parents may vary by court.
FSLG evaluates eligibility carefully and advises clients on available legal pathways, including additional parentage tools where needed, to secure rights fully and predictably.
Parentage Orders in Texas
Parentage in Texas is not automatic. It is established through court validation and judicial findings.
Key points:
- Parentage orders are issued following validation of the surrogacy agreement
- Courts must make specific findings before recognizing intended parents
- The process may include hearings and the submission of medical evidence
- Once validated, the intended parents are recognized as the child’s legal parents
Because this process is statute-driven, precision matters.
Donation Agreements in Texas
FSLG prepares and reviews:
Texas law recognizes donor conception when medical and legal requirements are followed. Donors are not treated as legal parents, providing clarity and protection for all parties.
Hospital & Vital Records
We coordinate directly with hospitals and vital records offices to ensure:
- Parentage orders are properly applied at delivery
- Hospital staff understand the legal framework
- Birth certificates are issued accurately and without delay
This step is critical in Texas, where documentation must align precisely with court findings.
Funds & Financial Management
Texas surrogacy often involves structured compensation and reimbursable expenses.
FSLG provides secure in-house escrow and funds management, ensuring:
- Compliance with Texas norms
- Transparent accounting
- Timely, documented payments
For International Intended Parents Delivering in Texas
FSLG works with intended parents from Europe, Asia, and around the world who pursue surrogacy in Texas.
Because Texas law requires court validation and medical documentation, international families benefit from early legal coordination. We assist with:
- Navigating Texas-specific eligibility requirements
- Coordinating parentage orders and hospital documentation
- Securing birth certificates and U.S. passports
- Preparing documentation needed for return to your home country
Our team provides multilingual support and acts as a single legal point of contact throughout the process.
Frequently Asked Questions: Texas Fertility & Surrogacy Law
Is gestational surrogacy legal in Texas?
Yes. Texas expressly permits gestational surrogacy through validated agreements.
Is traditional surrogacy allowed?
Traditional surrogacy is generally treated under adoption law. FSLG focuses exclusively on gestational surrogacy in Texas.
Are intended parents required to be married?
The statute is written for married intended parents. In practice, outcomes for unmarried parents may vary by court.
Is medical necessity required?
Yes. A physician must confirm that pregnancy is medically contraindicated or poses unreasonable risk.
Are LGBTQ+ couples allowed to pursue surrogacy in Texas?
Yes. LGBTQ+ couples can pursue surrogacy in Texas, though careful legal planning is essential to secure parental rights.
Should I speak with a lawyer before choosing an agency or clinic?
Yes. Texas law makes early legal review essential. FSLG encourages clients to call from GO.
Legal Summary: Texas Surrogacy & Parentage Law
Statutes / Codes
Texas gestational surrogacy is governed by the Texas Family Code, Chapter 160, Subchapter I (§§ 160.751–160.763), which establishes the legal requirements for validating gestational surrogacy agreements and determining parentage.
Surrogacy Status
- Gestational surrogacy is expressly permitted under Texas law
- Surrogacy agreements must meet statutory conditions to be enforceable
- Court validation is required before parental rights are legally recognized
- Traditional surrogacy is generally treated under Texas adoption law
Parentage Orders
- Parentage is established through judicial validation of the gestational agreement
- Courts review medical eligibility and statutory compliance before confirming parentage
- Pre-birth or post-birth proceedings may be required depending on timing and circumstances
Donor Conception
- Egg, sperm, and embryo donors are not legal parents when statutory and medical requirements are satisfied
Birth Certificates
- Birth certificates are issued in accordance with the court’s parentage determination
- Hospitals and vital records offices rely on validated court orders to list intended parents
Start Your Texas Journey with Confidence
Texas surrogacy law is clear — but only when navigated correctly.
If Texas is part of your fertility or surrogacy plan, our attorneys are ready to help you build a secure legal foundation from the very beginning.
📞 Call 619-309-2310 or complete our consultation form to get started.