Whether you’re growing your family or helping someone else start theirs, understanding your legal rights and responsibilities is essential before moving forward.
At American Surrogacy, we know that hopeful parents and prospective surrogates in Texas need more than just information — you need trusted guidance. That’s why we work hand-in-hand with legal professionals to ensure your journey is safe and secure from start to finish.
This guide covers Texas' surrogacy laws, including contract enforceability and pre-birth orders. For more information, you can reach out to one of our experienced surrogacy specialists.
Texas Surrogacy Laws: What the Statutes Say
Texas permits gestational surrogacy under Texas Family Code, sections 160.751 through 160.763. These laws allow married intended parents to enter into a written agreement with a gestational surrogate (and her spouse, if she’s married). The purpose of these laws is to protect both the surrogate and intended parents by clearly defining parentage before the child is born.
The law requires that your surrogacy contract be validated by a Texas court before the embryo transfer takes place. Without this validation, the contract is not enforceable, and parental rights may not be automatically granted.
Is Paid Surrogacy Legal in Texas?
Yes. Paid surrogacy is fully legal in Texas. There are no state laws that restrict or prohibit surrogate compensation.
Surrogates deserve to be fairly compensated for the time, effort and emotional energy they dedicate to this life-changing journey. Compensation helps ensure that your surrogate is supported, comfortable and able to focus fully on a healthy pregnancy.
American Surrogacy works with intended parents and surrogates nationwide, so we can connect you with a match in Texas.
Want to understand what surrogate compensation includes and why it matters? Learn more today.
Are Surrogacy Contracts Enforceable in Texas?
Yes, surrogate contracts are enforceable in Texas, provided that certain conditions are met. These legal standards ensure that your surrogacy agreement stands up in court and protects all parties involved.
Here are the key requirements you’ll need to meet:
The intended parents must be married. A home study may be required. Informed consent must be documented for all parties. The agreement must be in writing and signed by the intended parents, surrogate, her spouse (if she is married) and any relevant donors. The contract must be finalized at least 14 days before the embryo transfer.
Surrogacy Contract Checklist
A well-drafted surrogacy contract protects everyone involved and lays the foundation for a smooth journey. Your contract should address the following:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
American Surrogacy will ensure that your contract reflects your values and complies with state law.
When Do I Need a Surrogacy Contract in Texas?
Your surrogacy contract should be finalized after you’re matched with a surrogate and before any embryo transfer. In Texas, the contract must be validated by the court and completed at least 14 days before the transfer.
Ready to start planning your journey? Learn more about the surrogacy timeline.
How Will American Surrogacy Support Me During the Contract Stage? Here’s What You Can Expect
From your first consultation to your final legal steps, American Surrogacy can guide you through every detail of your surrogacy legal process.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
You can be confident that before we even present a surrogate’s profile to you, we verify that Texas surrogacy laws align with your goals.
Our Local Offices
Want to speak with a surrogacy specialist in person?
Visit our office:
Southlake
700 N. Carroll Ave.
Southlake, TX 76092
LGBTQ+ Surrogacy Laws in Texas: Protecting Your Parentage
Here’s what you need to know if you and your partner are considering surrogacy in Texas:
Married LGBTQ+ parents can be listed as “Parent" and "Parent” or “Father" and "Father.” If unmarried, only the biological parent is listed. Texas courts issue pre-birth orders for married LGBTQ+ couples regardless of genetic connection. Unmarried couples may qualify, but it depends on the court. This option is available to married couples. In rare cases, unmarried couples may be approved.
At American Surrogacy, we proudly support LGBTQ+ hopeful parents. We're ready to help you navigate every legal step with confidence.
Abortion Laws in Texas and Surrogacy Contract Termination Agreements
Texas has some of the strictest abortion laws in the U.S. Termination is only permitted when a licensed physician determines that the patient’s life or health is at risk. There are also strict procedural hurdles, including:
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Mandatory ultrasounds
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Two visits (one for in-person counseling and another 24 hours later for the procedure)
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No insurance or Medicaid coverage for abortion care
Every surrogacy contract includes terms around termination and selective reduction, which means these laws could directly impact your surrogacy journey in Texas.
If you want more flexibility in these decisions, American Surrogacy can help you match in another surrogacy-friendly state.
Surrogacy Laws for Establishing Parentage in Texas: How Parental Rights Work
In Texas, establishing legal parentage depends mainly on marital status. Here's what you need to know:
These are available to married couples in Texas. Single parents and unmarried couples may be able to get pre-birth orders depending on the court. When a pre-birth order isn't available, a post-birth order is required to establish full parental rights.
How to Get a Pre-Birth Order
Here’s how to pursue a pre-birth order in Texas:
They’ll help you prepare and file the required documents with the appropriate court. Some courts may require the surrogate and intended parents to appear for a hearing. Your attorney will request a court order confirming legal parentage before the birth. Courts typically issue it without a formal hearing. You can expect it within one month after birth (or faster if expedited).
Want to Find a U.S. Surrogate? Texas International Surrogacy Laws
Texas allows international intended parents to pursue surrogacy as long as either the intended parents or the surrogate have lived in Texas for 90 days prior to filing.
If you live in one of the countries we work with, we can help match you with a surrogate in Texas and navigate cross-border legal requirements so your parental rights are protected.
The Role of a Surrogacy Attorney in Texas: Why Legal Help Is Essential
A surrogacy attorney is a crucial partner in your journey. They:
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Draft and review your surrogacy contract
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Ensure compliance with Texas surrogacy laws
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File for pre- or post-birth parentage orders
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Represent your interests in court, if needed
American Surrogacy partners with top-rated surrogacy attorneys across Texas and can help you find the right legal professional for your needs.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
The cost of hiring a surrogacy lawyer in Texas can vary based on experience, firm size and the complexity of your case. On average, legal fees typically range from $5,000 to $15,000.
If you’re working with American Surrogacy, you won’t need to budget for legal expenses separately. Our comprehensive programs include attorney fees. We understand that surrogacy is a major investment. That’s why we’ve designed our services to keep your financial planning clear and manageable.
Find a Surrogacy Attorney Near Me
We work with experienced surrogacy attorneys licensed in Texas. The professionals listed below are part of our trusted network and are members of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA).
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Stephanie Caballero — The Surrogacy Law Center APLC (Carlsbad, CA)
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Virginia Frank — Virginia L. Frank PLC (Boulder, CO)
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Melissa Brisman — Melissa B. Brisman Esq. (Montvale, NJ and New York, NY)
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Christina Molitor — Law Offices of Christina Molitor PC (San Antonio)
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Amanda Warren— Chiles & Warren Law Group PLLC (Dallas)
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Christine Henry Andresen — CHA Law Group PC (Austin)
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Lori Anderson — Lori Anderson Law PLLC (Austin)
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Lauren Gaydos Duffer — Gaydos Duffer PC (Arlington)
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Eric Freeby — Brown Pruitt Wambsganss Dean Forman & Moore PC (Fort Worth and Southlake)
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Melody Brooks Royall —The Royalls (Houston)
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Jenny Womack — Jenny L. Womack PC (Dallas)
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Carla Calabrese — Calabrese Budner LLP (Dallas)
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Harold Zuflacht — Higdon, Hardy & Zuflacht LLP (San Antonio)
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Ellen Rubenstein — Klein Fertility Law (San Diego, CA)
Explore Our Surrogacy Programs in Texas: Find the Path That Fits You Best
At American Surrogacy, we offer three distinct programs to meet the unique needs of every hopeful parent.
Limited Risk Program
This program offers extra protection for intended parents. If your surrogacy journey experiences a setback — like an unsuccessful embryo transfer, a surrogate disqualification or a miscarriage — you’ll receive a refund or credit toward a future attempt.
Foundation Program
Our Foundation Program follows a traditional pay-as-you-go model. You’ll pay for services as you reach each step of your journey. This can lower your initial costs, especially if your surrogacy process goes smoothly with a successful first transfer.
Independent Surrogacy Program
Already matched with a surrogate? We’ll handle the rest. This program is designed for intended parents who want expert support without duplicate services. You’ll receive everything you need to safely and affordably complete your journey.
No. Texas does not mandate that insurance companies cover IVF. States that do include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah. Yes. Under the Human Life Protection Act (House Bill 1280), Texas defines an embryo as an "unborn child" from the moment of fertilization. While this law does not directly mention surrogacy or IVF, it could impact how embryos are handled, stored or disposed of. No. Texas law only permits gestational surrogacy. Under Texas Family Code, section 160.754, a surrogate cannot use her own eggs. Most professionals across the U.S. do not recommend traditional surrogacy because it carries higher emotional and legal risks. No. According to Texas Family Code, section 160.702, sperm and egg donors are not legal parents of children conceived through assisted reproduction. No. Texas does not offer a state-level IVF tax credit. However, you may be able to deduct qualified medical expenses on your federal return if they exceed 7.5% of your adjusted gross income.FAQ: Legal Aspects of Surrogacy in Texas — Your Top Questions Answered
Are insurance companies required to cover IVF in Texas?
Is an embryo considered a person in Texas?
Is traditional surrogacy legal in Texas?
Do sperm and egg donors have parental rights?
Is there an IVF tax credit?
Begin Your Surrogacy Journey in Texas
You deserve to start your surrogacy journey with confidence.
With American Surrogacy, you won’t have to navigate Texas surrogacy law alone. We’ll walk with you through every contract, court filing and milestone, so you can focus on what matters most: building your family.
Why wait any longer? Speak with a surrogacy specialist today.