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Learn More About Texas Gestational Agreements

A gestational agreement defines the rights and responsibilities of intended parents and gestational surrogates. Your Albin Oldner adoption and surrogacy attorney will ensure that all parties understand the terms of the agreement, and that the signing and validation of orders proceeds in a timely manner. If you would like to learn more about gestational agreements in Texas, talk with attorney Matt Davis or one of our other adoption lawyers: (214) 225-9138.

Who Signs a Gestational Agreement?

  1. In Texas, only married couples can enter into a gestational agreement. Both intended parents must sign. 
  2. If a sperm or egg donor is used, that person must also sign the agreement. 
  3. The surrogate (gestational carrier) must sign the agreement, and if she is married, her spouse must also sign. 

The gestational agreement must be signed at least 14 days prior to implantation of the fertilized egg. Once the agreement is signed, your attorney will petition the court to validate the agreement and a Family Court judge will issue an Order to Validate. All of this should be completed before implantation. 

Terms Included in a Texas Gestational Agreement

Your gestational agreement should specify the following:

  • That any relevant health information that could affect the pregnancy has been shared between the surrogate and the intended parents. 
  • That the egg(s) will be implanted by means of artificial insemination.
  • That the pregnancy surrogate intends to carry the child(ren) to term.
  • That the surrogate (and her spouse) and the sperm or egg donor (if any) relinquish parental rights to the child(ren) resulting from this pregnancy.
  • That the intended parents will be the parents of the child(ren).
  • Any terms for terminating the agreement.

A gestational agreement can include a variety of other terms as well, including:

  • What will happen if the pregnancy results in the birth of more than one child.
  • Who is responsible for healthcare expenses during the pregnancy?
  • Whether, when and how the surrogate will be compensated for her work.
  • Whether the intended parents will be allowed to attend medical appointments during the pregnancy.
  • Whether the surrogate will be allowed to have contact with the child in future.

You will need legal help with two additional steps in the process after the birth of the child. A Notice of Birth must be given within 300 days of the birth of the child (or children). And the intended parents will need a judge to issue an order confirming parentage. 

Meet Your Attorney For A Gestational Agreement

Schedule a time to meet with surrogacy attorney Matt Davis. He works with surrogacy agencies, intended parents, donors and surrogates to help them navigate the legal aspects of starting a family through surrogacy. Call Albin Oldner Law, PLLC at (214) 225-9138 or contact us online.