You’ve probably heard the saying: Everything is bigger in Texas. This includes bigger hopes, bigger dreams, and bigger hearts, especially when it comes to the amazing journey of surrogacy.
In recent years, Texas has become a surrogacy-friendly state. This means that it’s easy for intended parents to use gestational surrogacy as a way to build a family.It also means that surrogates can be compensated well for their time and work during the pregnancy.
In this article, we’ll look at everything you need to know about surrogacy in Texas, including the laws, process, and costs as well as how to find the right surrogacy agency for you.
What Are The Surrogacy Laws In Texas?
According to Texas Family Code §160-751 through §160-763, gestational surrogacy is 100% legal and recognized. Additionally, the laws state that valid and enforceable surrogacy contracts must meet the following requirements:
- The intended parents must be married to one another.
- All parties must sign the contract.
- Any information about the health of the gestational mother and unborn child must be shared with the intended parents.
- The gestational mother does not donate her egg so that she’s not genetically related to the child. She must also relinquish all parental rights.
- There must be separate legal representation for the intended parents and surrogate mother.
- The physician performing any assisted reproduction procedures must advise all parties about the risks and success rates.
- The agreement can not limit the gestational mother’s right to make decisions about her health or the health of the embryo.
If a surrogacy contract does not meet these requirements, it doesn’t necessarily mean that the surrogacy will be illegal. It just means that it won’t have the explicit protections afforded under Texas law.
Additionally, the intended parents will have to petition the court to make the contract valid. Once it’s approved, it’s officially known as a gestational agreement. This petition may be filed in either the county where the gestational mother or the intended parents live, as long as they’ve lived there for at least ninety (90) days.
Finally, Texas has no statutes for traditional surrogacy, meaning that intended parents who want to use this form of surrogacy will have to go through a conventional adoption process. As a result, gestational surrogacy is the preferred method.
What Is The Surrogacy Process In Texas?
Let’s now take a look at the surrogacy process in Texas:
- Intended parents can start the process of IVF and fertility treatments to create a viable embryo. Luckily, Texas has excellent IVF clinics, especially in major cities like Houston, Dallas, Austin, and Ft. Worth as well as smaller cities like El Paso, Irving, and Arlington.
- Both the surrogates and intended parents will have to find the right surrogacy agency and apply. Surrogates will also have to meet all the necessary requirements.
- The surrogacy agency will match intended parents with the right surrogate.
- Reproductive lawyers will draft a surrogacy contract. Under Texas law, the contract must be submitted to the court at least two (2) weeks before the gestational mother undergoes the embryo transfer.
- The surrogate undergoes embryo transfer and becomes pregnant.
- Once the pregnancy is confirmed, the intended parents may petition the court for a pre-birth parentage order. If accepted, this orders the hospital and the Texas Bureau of Vital Statistics to name the intended parents as the legal parents on the birth certificate.
The basic surrogacy process is similar to other surrogacy-friendly states like California or Oregon. However, there are some subtle differences, so it’s always best to work with a surrogacy agency that can guide you through the process.
How Much Does Surrogacy Cost In Texas?
In Texas, the cost of the surrogacy journey for intended parents is usually between $100k and $135k. This includes:
- Surrogacy agency fees
- Attorney fees
- Screening for surrogates
- Surrogate compensation
- Medical procedures related to the pregnancy and delivery
- Regular checkups with doctors
What Is Surrogacy Compensation in Texas?
In most cases, surrogate compensation is the single largest cost. This is especially true in a surrogacy-friendly state like Texas, where surrogates can command a base salary of anywhere from $40k to $70k. Additionally, they must also be reimbursed for various expenses like:
- Embryo transfer
- Medications, including fertility drugs
- Monthly allowance
- Maternity clothes
- Travel expenses to and from medical appointments
- Lost wages and child care (if applicable)
- Independent legal counsel
- Counseling
Finally, the overall cost may be more if the intended parents have to use IVF and fertility treatments. For example, a single IVF mock cycle at most Texas fertility clinics is about $10k. However, Texas requires health insurance providers to cover some fertility procedures, so make sure you talk to your insurance provider to see what they cover.
How Do I Become A Surrogate In Texas?
When you decide to embark on the journey of becoming a surrogate in Texas, you are setting out on a fulfilling and transformative experience! And thankfully, the steps involved are similar to those in other states. The path to becoming a surrogate in Texas is marked by careful considerations, comprehensive assessments, and collaborative partnerships. As you delve into this exciting venture, you’ll find that there are multiple steps and stages along the way. But you can also expect compassionate support and the opportunity to play a pivotal role in helping others achieve their dreams of parenthood.
The steps in becoming a surrogate in Texas are as follows:
Step 1: Contact a surrogacy agency.
A surrogacy agency can answer your initial questions and help you understand the complete process. Speaking with one or more surrogacy agencies before beginning the process will also help you decide if your vision is aligned and if you’ll work well together.
Step 2: See if you meet surrogacy requirements
According to American Surrogacy, the basic requirements for becoming a surrogate in Texas are as follows:
- You must be between the ages of 21-38.
- Your BMI (Body Mass Index) should be between 19-32.
- You must have had at least one successful pregnancy.
- You must currently be parenting a child.
- You must wait at least six months after having given birth to begin the process.
These are the minimum requirements. Note that every surrogacy agency will also have a list of surrogacy criteria as well. This usually includes potential surrogates agreeing to not smoke, drink, or do drugs.
Psychological assessments also play a crucial role in the surrogacy process. Prospective surrogates can expect to undergo comprehensive psychological evaluations to ensure their mental well-being and ability to cope with the emotional challenges of surrogacy. These assessments aim to identify any underlying psychological conditions that may impact the surrogate’s experience or decision-making during the journey. Mental health professionals assess factors such as emotional stability, coping mechanisms, and the potential surrogate’s understanding of the psychological aspects of surrogacy. These psychological criteria provide a more holistic perspective, contributing to the overall well-being of both the surrogate and the intended parents throughout the surrogacy journey.
Step 3: Meet the Intended Parents
Have you met the necessary eligibility criteria and completed the screening process? The next step is to connect with intended parents! Your surrogacy agencies will help in this matchmaking process. It’s crucial to engage in open and transparent communication during this phase, discussing expectations, legal considerations, and the level of involvement both parties desire. Establishing a strong rapport with intended parents is key to a successful surrogacy journey.
Step 4: Begin the medical process
Once you’ve matched with intended parents, the medical phase of surrogacy begins. This usually entails beginning with medical evaluations to assess your overall health and reproductive capabilities. You can expect to begin fertility treatments, as well. Throughout this stage, regular medical check-ups, ultrasounds, and hormonal treatments will be administered to optimize the chances of a successful pregnancy. The medical process marks a significant milestone, bringing you closer to fulfilling the dreams of intended parents and embarking on a unique and rewarding journey.
How Do I Find A Surrogacy Agency In Texas?
Even if the intended parents or surrogates live in Texas, they don’t necessarily have to choose a Texas-based surrogacy agency. Instead of making the choice based on geographic proximity, it’s better to choose the one that’s best for the job.
If you’re a surrogate, make sure you find an agency that offers the highest benefits. This will make sure that everything you need is taken care of during your pregnancy such as pregnancy clothes, gym membership, travel expenses, etc. If you’re the intended parents, make sure you choose an agency that you can trust. Remember, it’s important to not cut corners when choosing a surrogate – you’ll want the best candidate to ensure a successful pregnancy and healthy child.
To learn more about what to look for in an agency, check out our article: How to Find the Best surrogacy Agency?
Houston Surrogacy
Surrogacy agencies in Houston or nationally offer comprehensive services to intended parents and surrogates alike. While there are many excellent Houston surrogacy agencies, it’s worth noting that the city’s advantage lies not necessarily in superior services but in the sheer abundance of options due to its size. If you live in more rural parts of Texas, finding an agency in Houston might be easier but not necessarily a must.
Dallas Surrogacy
Surrogate agencies in Dallas offer comprehensive services, including screening, matching, counseling, and case management for both surrogates and intended parents. These agencies help create a connection between you and local clinics and attorneys, making them a go-to point of contact for your entire surrogacy journey. Dallas, as a larger city, offers distinct advantages simply because it has a broader pool of screened intended parents and surrogates. Additionally, its strategic location allows these agencies to serve not only Dallas but also smaller towns surrounding it. If you live in or nearby Dallas, you might consider finding an agency there, although this is not a requirement.
Can I Use Surrogacy By Faith If I live in Texas?
Yes, you can! Here at Surrogacy By Faith, we’ll help you start you surrogacy journey with us if you live in Texas or in any other surrogate-friendly state.
Choosing the right agency is important to having a successful, meaningful, and positive surrogacy journey. It’s not a decision that should be taken lightly, so it’s best to carefully consider what you need from an agency, whether you’re a hopeful parent or an aspiring surrogate.
We use our faith and values as guiding principles for providing the best possible experience for everyone. In fact, surrogates and parents have said that working with us was both fulfilling and life-changing.
For us, it’s more than just a business: it’s a mission. We believe we’re doing God’s work and making dreams come true. We love to see couples starting their own families and hopeful surrogates sharing the gift of life. It’s also important to us that the relationships extend beyond just the surrogacy journey – we want our surrogates and intended parents to forge a deeper, more meaningful connection.
If you’d like to work with us, here are our inquiry forms for surrogates and intended parents. There’s no need to wait another day – we can start the miracle of life right now!