When using a surrogate, an enforceable surrogacy or gestational agreement is crucial so having an attorney with experience handling family formation through assisted reproduction is a must.
If you meet the criteria for Texas’ gestational agreement laws, then you can obtain a pre-birth order by validating your gestational agreement in court. After the child(ren) is born, a notice of birth is filed on your behalf. In most cases where the child is born in Texas and there is a pre-birth order, the original birth certificate will list the intended parents as the child(ren)’s parents, but if for some reason it does not, that can be amended post-birth fairly simply.
Texas law covers gestational surrogacy only, meaning the surrogate is not the genetic or biological mother of the child. If you are considering traditional surrogacy, where the surrogate’s eggs are used, then a pre-birth order is not an option and there are significant legal risks involved. Having an experienced attorney to help you navigate the process is crucial either way.
Please call Jenny for a consultation to discuss how to best navigate your unique case.