Have you ever thought about being a surrogate or using a surrogate to help have a baby? Surrogacy is an agreement where a woman agrees to carry and deliver a child on behalf of another couple or person. The gestational carrier does not share any biological relationship to the baby.
If you wish to be a surrogate, the Texas Family Code requires:
- There be a written, voluntary agreement,
- You (and your husband if married) relinquish your parental rights and duties,
- Agree to exchange relevant health information during the time of the surrogacy contract, and
- Have had a successful pregnancy before and carrying another would not harm you or the baby.
If you wish to use a surrogate to have a baby, the Texas Family Code requires:
- If married, both spouses be part of the contract,
- The eggs used in the reproduction procedure must be from the intended mother or a donor,
- Medical evidence that shows the intended mother cannot carry a pregnancy to term and give birth without unreasonable risk of physical or mental harm to baby or mother.
Please note that at least one party (the intended parents or surrogate) must have resided in the State of Texas for at least 90 days. You are required to have the Court validate the gestational (surrogacy) agreement. An agreement that is not validated by the Court is unenforceable.
If you’re considering exploring surrogacy in any way, we would love to help you make that a reality. Please contact our office today at 817-768-6333.