Gestational surrogacy or Traditional surrogacy
In gestational surrogacy, the surrogate is not the genetic mother of the child. Instead, the egg used is either the Intended Mother’s egg or a donor egg. By contrast, in a traditional surrogacy the surrogate’s egg is used. Because the surrogate is also the genetic mother, traditional surrogacy is a much riskier arrangement legally. Furthermore, Texas law does not recognize traditional surrogacy, which means that any traditional surrogacy arrangement is legally handled like an adoption and generally is not recommended.
Gestational Agreement Laws
Texas is one of the states that does have surrogacy laws, but only if you meet specific requirements. If the following requirements are met, then you may be able to take advantage of Texas’ gestational agreement laws and obtain a pre-birth order:
1. If there are two intended parents, they must be married to each other;
2. The egg(s) must come from the intended mother or an egg donor, NOT the surrogate;
3. The intended mother is unable to conceive or safely carry a pregnancy to term; and
4. The surrogate (gestational carrier) has previously carried at least one pregnancy safely to term and has no reason to believe she cannot do so again.
If you do not meet these criteria, there may be other options available to you. Furthermore, as legislation changes, these criteria are subject to change.
Jenny has experience with a variety of surrogacy arrangements and would be happy to help you with yours. Please call Jenny for a consultation to discuss your unique situation.