Texas Surrogacy Law
Texas law explicitly allows but heavily regulates surrogacy agreements, and it appears to exclude same-sex couples.
Among other constraints, existing state law requires intended parents to be married to each other. A court must validate a surrogacy contract for parental rights to attach to the intended parents upon birth of the child; a contract not validated by the court is unenforceable.
Citations: TEX. FAM. CODE § 160.754; TEX. FAM. CODE § 160.762. Note: These provisions of the Family Code were added by House Bill 729 (LEXSEE 2003 Tex. HB 729) and have not yet been codified.
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Last Updated: 6/10/2004