Modooboo

Legal Aspects of Surrogacy - Texas

Comprehensive Overview of Gestational Surrogacy Laws in Texas

In Texas, gestational surrogacy is clearly defined and regulated by the Texas Family Code (Tex. Fam. Code§ 160-751 through § 160-763). These laws make it legal for married intended parents to enter into gestational surrogacy agreements, provided they follow specific procedural requirements, including obtaining court validation of their agreement before the child's birth. Although the laws explicitly address married couples, Texas courts have also validated surrogacy agreements for unmarried couples and single individuals.

Key Points About Surrogacy in Texas:

Legality of Gestational Surrogacy

Gestational surrogacy is explicitly permitted under Texas law, which includes detailed guidelines for creating valid and enforceable surrogacy contracts. This makes Texas a favorable state for those considering this path to parenthood.

Traditional Surrogacy

Traditional surrogacy, where the surrogate is also the biological mother, is legally complex in Texas. It is treated similarly to adoption, requiring a waiting period after birth for the surrogate to relinquish her parental rights. Given these complexities and the potential emotional implications, traditional surrogacy is less commonly pursued in Texas.

Compensated Surrogacy Arrangements

Compensated surrogacy agreements are legal in Texas. These contracts typically cover compensation for the surrogate's time and the medical risks involved, as well as other related expenses such as medical costs, travel, and insurance. In contrast, traditional surrogacy arrangements involve strict compensation limits due to their treatment as adoption.

Drafting a Texas Surrogacy Contract

A valid surrogacy contract in Texas must meet several criteria:

  • Written Agreement: The contract must be in writing.

  • Signatures: It must be signed by all parties involved.

  • Independent Legal Counsel: Both the surrogate and the intended parents must have separate legal representation.

  • Key Provisions: The contract should address compensation, potential risks, and the legal steps for establishing parental rights.

Establishing Legal Parentage

In Texas, courts typically grant pre-birth parentage orders to married couples. However, unmarried couples or single individuals may also obtain parentage orders under certain conditions. The gestational carrier agreement must be validated by the court for a pre-birth order to be issued.

Same-Sex Surrogacy in Texas

Same-sex surrogacy is legal in Texas, and same-sex couples follow similar procedures as opposite-sex couples. Often, these arrangements require the involvement of egg or sperm donors.

Enforceability of Surrogacy Contracts

Surrogacy contracts are enforceable in Texas if they comply with the legal requirements set forth in the Texas Family Code. This includes both compensated and altruistic surrogacy agreements, ensuring that the rights and responsibilities of all parties are legally protected.

International Surrogacy Arrangements

International intended parents must adhere to the same surrogacy laws as domestic parents in Texas. It is crucial for them to consult with an immigration lawyer to manage the legalities of bringing their child to their home country.

Adoption Post-Birth

If intended parents cannot obtain a pre-birth parentage order, post-birth adoption may be necessary to establish legal parental rights. This is particularly relevant for unmarried intended parents and those with no genetic link to the child.

Second-Parent and Stepparent Adoptions

Texas allows for second-parent adoptions, which are generally pursued by unmarried couples. Married intended parents who cannot secure a parentage order may opt for a stepparent adoption to establish legal rights.

Use of Donor Egg, Sperm, or Embryo

Using donor eggs, sperm, or embryos in surrogacy does not generally impact the ability of intended parents in Texas to secure a parentage order. Texas law explicitly states that a donor is not considered a legal parent of a child conceived via assisted reproduction, clarifying and protecting the rights of intended parents using donor materials in their surrogacy agreements.

Conclusion

While Texas provides a robust legal framework for gestational surrogacy, the process requires careful legal management, especially in complex cases involving traditional surrogacy, unmarried couples, or donor involvement. Prospective parents and surrogates should engage experienced surrogacy attorneys to ensure all contracts comply with Texas statutes and that the surrogacy journey proceeds smoothly and legally. This legal guidance is essential to protect the rights and interests of all parties involved, ensuring a secure and positive surrogacy experience.

Guide: Everything you need to know to become a surrogate in Texas

In this quick guide, we will cover everything you need to know about becoming a surrogate in your state, including the requirements, compensation and benefits, legal aspects, and how we can assist you in starting your journey seamlessly.

How We're Different:

Choosing Modooboo means partnering with a team that values trust, compassion, and excellence. Our extensive experience, combined with a deep understanding of the emotional and physical aspects of surrogacy, makes us a trusted ally in your journey to parenthood or in your decision to help others become parents.

Empowered by Experience

Modooboo stands apart through the personal journeys of our team members. Our collective experience not only enriches our support system but also informs our development of comprehensive programs tailored to meet the varied needs of surrogate candidates.

Top-Tier Surrogate Benefits

Surrogates choose Modooboo as their guiding agency because we've designed our program with their needs at the forefront. Experience unparalleled generosity with our package offering up to $120,000 in compensation, ensuring you're among the highest-earning surrogates in the U.S. we ensure our surrogates feel valued and respected throughout their journey.

Personal Experience, Professional Guidance

We are more than an agency; we are a community of individuals who have personally embarked on the surrogacy journey. This personal touch, combined with our professional acumen, allows us to offer empathetic, informed guidance. We understand the emotional nuances of surrogacy from both the surrogate's and the intended parents' perspectives, enabling us to foster a supportive, understanding environment for everyone involved.

Get Started with Modooboo

As a surrogate with Modooboo, you can qualify for one of the industry's highest compensations, with surrogates earning up to $120K.

Frequently Asked Questions (FAQ)

  • The journey to become a surrogate is undertaken with thorough guidance and support from our experienced team. This rewarding path begins with meeting a set of criteria essential for ensuring a healthy pregnancy and childbirth on behalf of another individual or couple. Our process is meticulous, ensuring that all potential surrogates are well-prepared for this commitment.

  • To be considered for surrogacy, candidates must:

    Be under 38 years old

    Hold U.S. citizenship or permanent residency

    Reside in states where surrogacy is legally permitted

    Be in good physical and mental health

    Have successfully given birth to and are raising at least one child

  • Becoming a surrogate involves a comprehensive process, including:

    Initial Application: Your journey starts with our online application. Following this, our coordinator will discuss the process, address any queries, and request necessary forms for background and medical checks.

    Profile Questionnaire: You'll provide detailed information about yourself, forming the basis of your confidential profile for intended parents.

    Medical Review: We'll review your obstetric records to confirm your medical suitability for surrogacy.

    Consultations: Our team will guide you through the surrogacy process and address any concerns.

    Medical and Psychological Screenings: This includes health evaluations and discussions to ensure your readiness.

    Home Assessment: A social worker will ensure your living environment is conducive to a healthy pregnancy.

    Matching Process: We'll match you with intended parents that share your surrogacy goals.

    Legal Contracting: Once matched, a legal contract is formed with the intended parents.

  • Surrogates receive monthly payments starting after pregnancy confirmation via ultrasound. The total compensation package is comprehensive, reflecting individual journeys and specifics such as multiple pregnancies or additional embryo transfers. Our surrogates' compensation is highly competitive, with detailed breakdowns available on our benefits page.

  • Experienced surrogates receive higher compensation. Returning surrogates are awarded additional payment, reflecting their invaluable experience and commitment to helping families grow. For detailed figures and benefits, visit our pay and benefits page.

  • The possibility of multiple surrogacies depends on your health and delivery history. We have guidelines on the acceptable number of vaginal deliveries and C-sections to ensure your safety. If you're considering surrogacy again, we're here to discuss your eligibility.

  • We collaborate with surrogates across states where surrogacy is legal, providing comprehensive support throughout the journey. We accommodate surrogates from across the country, covering all associated travel and medical expenses.

  • Choosing our program connects you with top-tier fertility clinics and a network of support. We distinguish ourselves through competitive compensation from the start, coverage of all related expenses, access to exceptional medical care, and unwavering support throughout the surrogacy experience.

  • If you're drawn to the surrogacy journey, please apply through our online platform. For additional insights, our FAQ section and surrogate stories offer perspectives on the surrogacy experience. For any further inquiries, our dedicated team is ready to assist you.

Join Our Community

At Modooboo Surrogacy, we believe in creating spaces where our community can flourish - filled with resources, stories, and connections. Our journey together doesn’t end here; it spans across various platforms where you can dive deeper into the world of surrogacy, find support, and celebrate the magic of creating families. Join us beyond our website to explore more