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Building Families with Legal Clarity
Surrogacy can be a life-changing path to parenthood, but it also raises important legal questions. In Texas, gestational agreements provide the framework that protects everyone involved in the process—intended parents, the gestational carrier, and any donors.
This guide explains the basics of how these agreements work, why they matter, and what you should know before beginning your journey.
What Is a Gestational Agreement?
A gestational agreement is a legal contract that defines the roles, rights, and responsibilities of all parties participating in a surrogacy arrangement. Unlike traditional surrogacy, the gestational carrier does not provide genetic material. Instead, embryos created using the intended parents’ or donors’ genetic material are transferred.
The agreement outlines:
- Who will be recognized as the legal parents
- Financial terms such as medical costs and compensation
- Expectations around medical care and decision-making
- Confidentiality and privacy protections
Why Texas Requires Court Validation
Texas law requires that gestational agreements be approved by a court before any embryo transfer takes place. Without this validation, the agreement may not be enforceable, leaving intended parents vulnerable to legal challenges after birth.
Court approval ensures that:
- The agreement was signed voluntarily and in good faith
- The gestational carrier and her spouse (if married) consented
- The intended parents meet the legal requirements
- All statutory safeguards have been satisfied
Benefits of a Gestational Agreement
For Intended Parents:
- Establishes legal parentage before birth
- Avoids additional adoption proceedings
- Provides peace of mind throughout the process
For Gestational Carriers:
- Clarifies medical and financial responsibilities
- Protects against unexpected obligations
- Confirms her role as a carrier, not a legal parent
For Donors:
- Eliminates future claims or obligations
- Ensures privacy and confidentiality
Frequently Asked Questions
Protecting Your Journey to Parenthood
A gestational agreement is not just paperwork—it’s the foundation that ensures everyone’s rights are respected. By taking the time to secure a valid, court-approved contract, families can begin the surrogacy journey with clarity and confidence.
If you’re considering surrogacy in Texas, make sure you understand the role of gestational agreements before moving forward. Speaking with a family law attorney experienced in reproductive law can provide the guidance you need for a smooth process.
