What is the Texas Advantage?

The United States has some of the most progressive laws and regulations surrounding surrogacy. While things like IVF and Alternate Reproductive Technology methods are protected on a federal level, specific laws surrounding surrogacy agreements and the process are mandated on a state level.

Reproductive technology protections make the United States a hotspot for international and local couples to pursue surrogacy. However, state laws also make it easy to pursue a surrogacy journey anywhere in the country, whether you live there or not. 

Many states have progressive laws surrounding surrogacy, but Texas is by far one of the most advantageous places to have a baby via surrogate in the US. There are legal, financial, and social benefits to pursuing your journey here.

Our Agency Fees are Lower

Texas has a lot of things going for it, not the least of which is our lower cost of living. Because everything from food to rent prices are lower in this state, it allows our agency to run on a slimmer margin than others in coastal locations.

In the end, this benefits the Intended Parents as their agency fee is significantly lower than elsewhere, putting more money in their pocket to prepare for the baby, supports their long-term financial health, and adds benefits to the surrogacy contract, such as eating organically.

We’re Easy to Get To

Because Texas is located on the southern border, it is significantly easier for Intended Parents to use our agency. Texas is easy to reach regardless of where the Intended Parents may be in the country.

Texas is also an International hub of activity. There are multiple major airports in the state that see millions of visitors each year from other countries. Likewise, almost any major city in the US can take a direct flight to Texas.

Our location opens up our agency to help families from all over the world grow! We are committed to being an affordable option for people in need of medical surrogacy, regardless of location.

Legal Benefits

A lot of additional legal benefits come with doing your surrogacy through a Texas-based agency. When you use an agency located in Texas, legally it is considered a surrogacy happening in Texas and subject to our laws and regulations. This is massively beneficial to our couples.

The strong legislation in Texas protecting surrogacy makes it the most progressive place in the US to do a surrogacy journey.

Married Couples Benefit

The laws in Texas are heavily protected in favor of married couples going through gestational surrogacy. All surrogacy agreements in this state are protected by law, so there are very few legal hurdles to jump in terms of parental rights.

Gestational Surrogacy Agreements

Laws ratifying and recognizing gestational surrogacy agreements have been in place in Texas since 2003. These laws recognize and protect surrogacy as Assisted Reproductive Technology. They also make it easier for a married couple to get parentage over the child produced from a gestational surrogacy regardless of the genetic makeup.

As long as biological material from parties other than the surrogate is used and the surrogacy agreement is entered into legal courts 14 days before the transfer date, the Intended Parents have legal rights over the child. 

That means the Intended Parents will be listed as the legal parents on the child’s birth certificate. No post-birth order, adoption, or legal paperwork is necessary. The married couple also does not need to live in Texas to get this advantage, as long as their surrogate does.

This also opens the door for fertility issues in any combination, as the agreement is honored whether the Intended Parents have a genetic relationship to the child or not, as long as the surrogate does not have a genetic relationship to the child.

There are some stipulations here, such as requiring the couple to be married and that traditional surrogacy has additional legal steps that need to be taken. Still, these rights make it far easier to have a child through surrogacy.

These agreements allow the surrogate to be compensated, which is not the case in every state.


There are some requirements for surrogacy in Texas, all of which Simple Surrogacy takes into account when choosing Intended Parents and surrogates. Anyone found through our agency will legally be able to complete a surrogacy journey in Texas.

In addition to being married, the Intended Parents must have a doctor certify that they medically cannot conceive a child through traditional means or that the pregnancy would have a significant physical or mental risk to the child or mother if she were to become pregnant.

Surrogates must have had one previous pregnancy and delivery and be a gestational carrier, not a traditional surrogate. It also must include in the agreement a disclosure of the risks associated with pregnancy and surrogacy.

The Simple Surrogacy Advantage

Texas is one of the most accessible places to perform your surrogacy journey, and using Simple Surrogacy makes it even easier. 

Our staff comprises former surrogates, egg donors, and Intended Parents who are very familiar with the surrogacy process, especially in Texas. Having an inside perspective on the process can help significantly during this stressful, exciting time.

Helpful still is that our staff had primarily worked with Simple Surrogacy before when they were donating eggs or doing surrogacy. Therefore, they are familiar with the entire process from our agency’s perspective and can provide insight that helps their clients feel comfortable and safe.

If you’re interested in pursuing a surrogacy journey in Texas, contact us here.

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