There are many unique ways to create a family. In Texas, along with traditional birth and adoption, a married couple unable to give birth to a child may choose to enter into an agreement with a woman who has chosen to have a child on their behalf. This situation is known as a “gestational agreement” and the woman carrying the child is called the “gestational carrier” (previously referred to as a “surrogate”). The gestational agreement will involve the intended mother and father and the gestational carrier. If the gestational carrier is married, her spouse must also be a part of the agreement. Additionally, any egg or sperm donor would have to be a party to the agreement as well. There are many legal issues involved in the creation of an enforceable gestational agreement.
The laws of Texas that govern gestational agreements are extremely specific. Once you have a correctly drafted agreement, in order to solidify that agreement, the intended parents and gestational carrier may ask the court to validate the agreement. It is up to the court whether or not they will validate the agreement. Validation of the gestational agreement by the Courts in Texas can offer assurance and relief to intended parents hoping to protect their special relationship with their child. In order to protect both your and your child’s interests, it is very important to contact a trusted attorney who can navigate you through the specifics of creating an enforceable gestational agreement.