Some people are not biologically able to have children. But for them science has made excellent advances, such as gestational surrogacy.
In a gestational surrogacy, an embryo is transferred to the woman who agrees to gestate the baby, the gestational carrier. The baby has no genetic material from the carrier. Here is where it gets confusing: The gametes can come from either of the intended parents (or both), or from an egg donor or a sperm donor, or both.
It is important to create parenting presumptions in law so that the intended parents are the legal parents. Texas is one of the states that has taken steps to legally clarify gestational surrogacy.
The Texas gestational surrogacy requirements are laid out in Tex. Fam. Code ยงยง 160.751-160.763. They are as follows:
- A gestational agreement must be validated in court.
- The gestational mother may not use her own egg.
- The gestational mother must have one prior pregnancy and delivery.
- The gestational mother has control over her health-related decisions.
- The intended parents must be married and must undergo a home study (this means only heterosexual parents are OK because Texas does not allow same sex marriage).
- A 90 day residency requirement.
There may be more requirements that come up as part of the study or during the proceedings with a court.
Asking someone else to give birth to a child that one cannot carry to term herself can be an expensive but ultimately fulfilling experience. However, it is important to be well informed about the legal requirements. To learn more, talk to an experienced attorney in your area.
Related Resources:
- Find a Houston Family Law attorney (FindLaw)
- Surrogate Motherhood (FindLaw's LawBrain)
- Ask a Question about Family Law in Texas (FindLaw's Answers)
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