Facts About Surrogacy in Texas

The journey of surrogacy is fulfilling and rewarding for both intended parents and surrogates. Couples unable to have a child of their own are given the opportunity to start the family they’ve always wanted. And surrogates are able to provide intended parents with the wonderful gift of a beautiful baby.

The financial and emotional stakes are high when it comes to surrogacy, so it’s important to understand that surrogacy laws are different from one state to another. Before deciding that surrogacy is the right choice for you, consult with a surrogacy agency and a Texas family law attorney to get the latest information about the surrogacy process.

Here are the facts about surrogacy in Texas that you need to know:

1. Texas has favorable surrogacy laws

Texas law both recognizes and enforces gestational surrogacy agreements. This law allows that surrogates can enter into a written agreement with intended parents and be monetarily compensated for their services and time. The law is in place to protect both surrogates and intended parents in equal measure.

2. Surrogate compensation

The typical compensation in Texas for gestational surrogates is from $35,000 to $45,000. In addition to there are payments to the Surrogate for expenses and reimbursements. This amount is substantially lower than other coastal states.

3. Intended parents become legal parents

Even before delivery, the Pre-Birth order recognises the Intended Parents as the only legal parents, and both of their names go directly on the birth certificate.

4. Lower fees

Texas is one of the few states that have no state income tax for residents. This means that surrogacy agencies are able to have lower agency fees than those agencies in other states.

5. Access to the best medical facilities

Texas has some of the best medical centers in the country, ensuring that surrogates get the best medical care. This can provide both surrogates and intended parents with assurance of quality of care if there should be any medical complications.

6. Texas surrogacy benefits out of state

Married couples outside of Texas can take advantage of the surrogacy laws in Texas. The gestational agreement is valid if at least one of the parties, either the surrogate or intended parents, are legal residents in Texas. This means that couples in other states qualify when the surrogate lives in Texas.

7. Meet Texas law criteria

In order for Texas law to apply, certain criteria need to be met:

  • Intended parents must be legally married.
  • 14 days before embryo transfer both the intended parents and surrogate need to sign an agreement.
  • A doctor’s affidavit is required that certifies the medical necessity of using IVF and gestational surrogacy.
  • The surrogacy agreement must have provisions for the health, safety, and well-being of the surrogate and the child.

When considering surrogacy, understand the laws and facts about surrogacy in Texas before making the decision to either become a surrogate or intended parents. Surrogacy agencies in the state aim to make the process as simple and uncomplicated as possible.

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