Becoming a Surrogate in Texas an In-Depth Guide

The decision to become a surrogate is a major one. Luckily if you reside in the state of Texas you are already at an advantage. Becoming a surrogate in Texas is desirable because of the state’s laws and the lack of a state income tax. Not to mention, the biggest benefit of helping deserving intended-parents start or grow their families.

Should you decide to pursue becoming a surrogate, it’s important to have a good idea of what surrogacy in Texas encompasses. We’ve put together a guide to answer your most pressing questions about surrogacy and help you make the decision of whether becoming a surrogate in Texas is right for you. Check it out.

The “Texas Advantage” in Surrogacy

The state of Texas has worked to make surrogacy easier on intended-parents and surrogates alike, we call it the “Texas Advantage.” Texas has passed laws addressing the common concerns of surrogacy such as parental rights for intended-parents, ensuring that the surrogate isn’t responsible for the child after its birth, and protecting egg and sperm donors.

The Assisted Reproduction Technology (ART) law in Texas makes gestational (surrogate) agreements legal and enforceable in the state. It also allows surrogates to be compensated and protects parental rights for couples. In many cases, couples pursuing surrogacy have to adopt the child once it has been born, and have no parental rights to the child before then.

The ART law takes out the middleman of adoption, and grants parental rights to intend-parents before the child is born, so long as the intended-parents and surrogate have entered into an agreement at least 14 days prior to the embryo being transferred to the surrogate.

While money is not typically the driving factor in the decision to become a surrogate, it is of importance. Surrogates are compensated for their selfless work and generous gift. In Texas,  a state with no income tax, surrogates are not required to pay income tax on the compensation they receive. This means that they can use more of their compensation to provide for their families or use it in whatever way they would like to without worrying about losing a significant chunk of it to taxes.

Top FAQs About Becoming a Surrogate in Texas

How much do surrogates get paid in Texas?

In the United States, surrogate compensation can be anywhere from $35,000 to $45,000 on average, but surrogates can be paid more or less than this amount depending on their circumstances, experience and Insurance. Surrogates are free to set their own rates at many agencies in Texas, but some agencies have a minimum compensation requirement to ensure that surrogates are paid fairly.

Experienced surrogates, or surrogates who have already completed at least one other surrogacy, may charge more than first-time surrogates. Additionally, a multiples pregnancy may cost more than a singleton. Surrogates who reside in Texas are not required to pay income taxes on their compensation from their surrogacy because the state has no income tax.

Is surrogacy legal in Texas?

Surrogacy is completely legal in Texas. In fact, Texas is one of the most surrogacy-friendly states in the U.S., which is why many intended-parents and surrogates alike choose the state for their surrogacy journey.

With the passing of the Assisted Reproduction Technology law (ART), gestational surrogacies were given significant protections that benefit couples and surrogates. The ART law protects the parental rights of the intended-parents and ensures that the surrogate has no legal responsibilities to the child once it has been born.

How much does it cost to have a baby through a surrogate mother?

The primary costs associated with having a baby through a surrogate mother are agency fees, surrogate compensation, and medical/insurance costs. Overall, it can cost well over $100,000 to have a child via surrogacy. We believe in transparency, so we’ve outlined all of the costs to pursue surrogacy with our agency on our Pricing and Services page.

However, there are ways to save money while having a baby through a surrogate mother. At Simple Surrogacy, we benefit from the “Texas Advantage,” operating out of a state with no income tax and a lower cost of living compared to more populous states, we can pass our savings along to our intended-parents and provide excellent service to our surrogates.

What qualifies you to be a surrogate mother?

Each agency will have its own requirements for its surrogates. These requirements are necessary to ensure the safety of surrogates and the success of each pregnancy. Some of the most common requirements for surrogates are as follows:

  • The surrogate must be at least 21 years old
  • The surrogate must have carried at least one child of their own
  • The surrogate must be in good health
  • The surrogate cannot be a smoker, drink in excess, or do any illicit/illegal drugs

In addition to these requirements, a surrogate mother must also be evaluated psychologically to ensure that she is able to cope with the emotional journey of surrogacy.

The Bottom Line

Becoming a surrogate in Texas can be a very beneficial and positive experience. Not only do you get to help others start or grow their families, but you also benefit from working in a surrogacy-friendly state that has laws in place to protect you during your surrogacy. There isn’t any need to worry about potential legal problem spots as there is in other less surrogacy-friendly states.

If you are choosing a surrogacy agency in Texas, Simple Surrogacy is a great choice. We pride ourselves on delivering excellent service to all of our clients, whether they are intended-parents, surrogates, or donors. With the majority of our staff having been surrogates themselves, we share your concerns about the surrogacy process and can answer your questions with knowledge gleaned from both professional and personal experience.

We want to help you in your surrogacy journey and would be happy to answer any questions or concerns that you may have. Please feel free to contact us via phone at: (866) 461-4550 or fill out our online form. We will get back to you quickly and look forward to hearing from you!

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