Texas has a judicial-validation framework for gestational agreements, but its eligibility and procedural requirements are restrictive. The intended parents must be married, the agreement must be validated before transfer, a statutory Texas nexus is required, and the validation standard includes medical-need language concerning the intended mother.
State law makes some surrogacy agreements void, prohibited, or available only through a narrow pathway that requires specialized review.
A court-validated agreement may establish the intended parents' rights; an unvalidated agreement is unenforceable under Subchapter I. The statute requires allocation of reasonable health-care expenses but does not clearly create a general authorization for a separate carrier fee, so compensation beyond expenses requires conservative review.
The intended parents must be married to each other and both must join the proceeding. The court must receive medical evidence that the intended mother cannot carry or give birth or that doing so would create an unreasonable health risk. Because the statute uses gendered 'intended mother' language, its application to some family structures should be confirmed with the validating court rather than assumed.
After birth, the intended parents must notify the court no later than the 300th day after the assisted-reproduction procedure. The court then confirms parentage and directs issuance of the birth certificate when the statutory conditions are met.
Verify marriage, the medical-need evidence, carrier history, and the Texas residence or birth nexus before committing to a transfer cycle.
Execute the agreement at least 14 days before transfer and obtain judicial validation before the procedure.
The statute addresses reasonable health-care expenses but is not an express general authorization for a carrier fee.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Retain Texas counsel for each side before signing or transfer to verify eligibility and venue, prepare the validation record, and review compensation and post-birth obligations.
The intended parents must be married to each other and both must join the proceeding. The court must receive medical evidence that the intended mother cannot carry or give birth or that doing so would create an unreasonable health risk. Because the statute uses gendered 'intended mother' language, its application to some family structures should be confirmed with the validating court rather than assumed.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. A court-validated agreement may establish the intended parents' rights; an unvalidated agreement is unenforceable under Subchapter I. The statute requires allocation of reasonable health-care expenses but does not clearly create a general authorization for a separate carrier fee, so compensation beyond expenses requires conservative review.
After birth, the intended parents must notify the court no later than the 300th day after the assisted-reproduction procedure. The court then confirms parentage and directs issuance of the birth certificate when the statutory conditions are met.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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