State Laws and Legislation

Texas Surrogacy Law

Summary: Texas law explicitly allows gestational surrogacy (in which the surrogate mother is not the biological contributor of the egg) agreements, but it appears to exclude same-sex couples.

Explanation: Surrogacy agreements are heavily regulated in Texas, and among the constraints on such agreements, the law requires the intended parents to be married to each other. The law also requires that a surrogacy agreement be validated by a court; otherwise, such an agreement would be unenforceable.

There is no explicit prohibition in Texas on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals from adopting a child of their same-sex partner.

Citations: TEX. FAM. CODE ANN. §§ 160.754, 762.

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Updated: Wed, September 09, 2009 - 11:00:44