How Does Surrogacy Work in Texas?

Surrogacy laws are among the least established laws in the state of Texas. Surrogacy is still a relatively new way of having a family, and there are some complications that arise when a family is created through surrogacy. If you don’t already know, surrogacy is the process of using a surrogate, a person who carries a baby for you, to make a family.

There are different types of surrogacy methods throughout the country. Traditional surrogacy is when a woman carries a baby that is biologically her own with the intention of giving the baby to a chosen set of parents. Sometimes, the woman is artificially inseminated with the baby’s father’s sperm. Other times, the woman is inseminated with an anonymous donor’s sperm.

You should know that Texas does not allow for traditional surrogacy. However, other states do allow this method, so you should know about it.

The other type of surrogacy is known as gestational surrogacy. This is when a woman carries a baby that is not biologically related to her at all. A fertilized egg is implanted in her womb, and she carries the baby for the intended parents.

How to Become a Surrogate

You may have questions related to how to become a surrogate. Many women sign up to become a surrogate through surrogacy agencies. Sometimes, women volunteer to be a surrogate because they are paid to do so. They may also do it because they want to help parents who can’t have children to obtain the family they always wanted.

Legal Complications

Some legal complications can arise because of surrogacy. The birth mother can become attached to the child, and a legal battle can be the result. This is especially problematic when it comes to traditional surrogacy, because the birth mother is also the biological mother. The biological mother has rights until she chooses to give up her rights. 

With traditional surrogacy, the mother sometimes changes her mind at the last minute and does not agree to give the baby to the intended parents.

When Everything Works Out

When everything works out the way it’s supposed to, the birth mother will carry the intended parents’ (or a donor’s) child to term, give birth, and hand the baby over to the parents.

Every Lawyer Should Know About Surrogacy Laws in Texas

Harris County Bar Association will always care about educating aspiring lawyers in Texas. Now you know about surrogacy laws in Texas. What will you learn next week?