Legal Certainty Before Your Child Is Born
Surrogacy is built on trust.
Texas law requires it to be built on precision.
If you are pursuing parenthood through a gestational carrier, the most important legal step happens before pregnancy ever begins. Without proper court validation, even intended parents with a biological connection can face uncertainty at birth.
A properly structured and court-approved gestational agreement does one critical thing:
It eliminates doubt.
At The Law Office of Bryan Fagan, PLLC, we help intended parents and gestational carriers create legally secure foundations under Texas Family Code Chapter 160 — so when your child arrives, the law already recognizes your family.
Why Texas Requires Court-Approved Gestational Agreements
Texas is one of the few states with a detailed statutory framework governing gestational surrogacy. That clarity is a benefit — but only when the law is followed exactly.
Under Texas Family Code §§160.751–160.763:
- The agreement must be written and signed by all parties
- Each party must have independent legal counsel
- The agreement must be validated by a court before embryo transfer
- The gestational carrier must meet statutory eligibility requirements
- At least one intended parent must typically contribute genetic material
If validation does not occur before embryo transfer, parentage presumptions at birth may not align with your intentions.
This is not a contract you “fix later.”
It must be done correctly at the beginning.
What a Properly Validated Agreement Accomplishes
When structured and approved correctly, a gestational agreement:
- Establishes the intended parents as the legal parents at birth
- Prevents the gestational carrier from acquiring parental rights
- Defines medical authority and consent protocols
- Clarifies financial obligations
- Avoids post-birth adoption proceedings
- Ensures birth certificate accuracy
In short: it replaces uncertainty with enforceable clarity.
Our Role in the Process
We handle every legal component required before pregnancy begins.
Our representation includes:
- Custom drafting of a compliant gestational agreement
- Independent legal coordination between all parties
- Verification of statutory eligibility
- Filing and managing the validation petition
- Court representation for validation approval
- Securing the parentage order prior to embryo transfer
We work alongside fertility clinics and reproductive specialists to ensure the legal timeline aligns with medical scheduling.
Timing matters.
Validation must occur before embryo transfer.
Protection for Intended Parents
Parentage laws carry powerful presumptions. Without proper validation:
- The gestational carrier may be presumed the legal mother
- A spouse of the carrier may acquire presumptive parentage
- Interstate recognition can become complicated
- Insurance and hospital documentation may be delayed
A validated gestational agreement ensures your parental rights are established before the child is born — not after.
Protection for Gestational Carriers
Texas law also safeguards gestational carriers.
A compliant agreement ensures:
- Fully informed consent
- Defined medical authority
- Clear compensation structure (if applicable)
- Protection from future parental liability
Once pregnancy occurs under a validated agreement, the carrier has no parental rights or obligations.
Legal clarity protects everyone involved.
When Complexity Increases
Gestational agreements require even greater precision when:
- Intended parents reside outside Texas
- The gestational carrier is married
- Divorce occurs during pregnancy
- Interstate or international issues arise
- Same-sex couples are involved
- Genetic contribution exceptions apply
We anticipate these issues before they become problems.
Why Families Choose The Law Office of Bryan Fagan, PLLC
Surrogacy law is not general contract law. It intersects with:
- Constitutional parental rights
- Statutory parentage presumptions
- Family Code compliance
- Court validation procedures
- Birth certificate regulations
Our firm brings:
- Extensive Texas family law litigation experience
- Deep familiarity with Chapter 160 gestational statutes
- Court validation representation statewide
- Strategic legal planning before medical procedures begin
- Clear, responsive communication
We do not simply draft agreements.
We secure enforceable parentage before your child is born.
Who We Represent
We assist:
- Married intended parents
- Single intended parents
- Same-sex couples
- Gestational carriers
- Out-of-state families utilizing Texas surrogacy law
Each agreement is tailored — never templated.
Schedule a Confidential Consultation
Gestational agreements must be completed and validated before embryo transfer. Once medical procedures begin, legal options narrow.
If you are preparing for:
- A fertility clinic consultation
- Embryo transfer scheduling
- Carrier matching
- Interstate surrogacy coordination
The time to establish legal protection is now.
Schedule a consultation with The Law Office of Bryan Fagan, PLLC and begin your family’s journey with certainty.
