Surrogacy in Texas

Everything You Need To Know

Welcome to our guide on Surrogacy in Texas. This resource is designed to provide clear and comprehensive information for anyone considering surrogacy in the state. Our guide covers essential topics, from understanding Texas’s surrogacy-friendly legal landscape to finding the right agency.

Whether you are an Intended Parent or a Surrogate, you’ll find invaluable advice and support to help you navigate the surrogacy process in cities like Houston, Dallas, Austin, and San Antonio, and across Texas.

Understanding Surrogacy in Texas

Embarking on a surrogacy journey in Texas is a significant step towards building your family. At Fairfax Surrogacy, we are committed to guiding and supporting you through every stage of this process.

Is Texas Surrogacy-Friendly?

Yes! Texas is generally considered surrogacy friendly. However, the Intended Parents and Gestational Carrier must get approval from a court before moving forward with a surrogacy agreement. Simply signing a contract is not enough. Under Texas law, they must file a case with the court and receive a court order approving the agreement. Texas has had a law covering gestational surrogacy for many years.

Disclaimer: The information provided in this guide is for general informational purposes only and is not intended to serve as legal advice. The content herein does not establish a lawyer-client relationship, and readers should not rely solely on this information for making legal decisions. We strongly advise consulting with a qualified attorney to confirm the accuracy of any details mentioned and to receive legal counsel tailored to your specific situation. Please be aware that laws and regulations regarding surrogacy vary by jurisdiction and are subject to change, meaning that details may not be current or applicable in all areas. It is essential to verify the most up-to-date legal standards and requirements with a professional who is knowledgeable about the latest legislative changes and how they might affect your surrogacy journey.

Who Can Be a Surrogate in Texas?

In Texas, a surrogate must meet certain criteria to ensure a safe and ethical surrogacy process. Typically, this includes being of a certain age range, having a previous successful pregnancy, and passing medical and psychological screenings. These requirements are in place to protect the health and well-being of the surrogate and the child.

We welcome women from all backgrounds and lifestyles including single moms, military moms, stay-at-home moms, and moms who work outside the home. Each of these life paths contributes unique perspectives and strengths to the surrogacy experience, making it a journey that is as rewarding as it is profound.

Who Can Be an Intended Parent?

Texas’s statutory validation procedure for gestational surrogacy is narrower than the laws of many other surrogacy-friendly states: the Intended Parents must be married to each other, and both spouses must be parties to the agreement. Texas does not require either Intended Parent to have a genetic relationship to the child, and it recognizes same-sex marriages, but the statute has not been rewritten in gender-neutral terms, so married same-sex couples should obtain advice from experienced Texas reproductive counsel. Single Intended Parents and unmarried couples generally cannot use the statutory validation procedure as currently written.

At Fairfax Surrogacy, we support all types of intended parents, including:

Couples who are facing infertility or have medical conditions that make pregnancy unsafe.
Men and women who choose to become single parents without a partner.
Same-sex couples looking to start a family, where at least one partner may not have a biological link to the child.
Individuals or couples using egg or sperm donors due to genetic concerns or other reasons.
Women who are unable to carry a pregnancy due to health risks or reproductive challenges.
Cancer survivors who have undergone treatments like chemotherapy or radiation, which might have affected their fertility.

Note: Because Texas’s statutory validation procedure requires the Intended Parents to be married to each other, single Intended Parents and unmarried couples pursuing surrogacy in Texas should speak with experienced Texas counsel about alternative approaches, as they generally cannot rely on the statutory validation process described above.

Our team at Fairfax Surrogacy is dedicated to providing tailored support and guidance for your unique circumstances. We understand that the journey to parenthood is deeply personal, and our goal is to make it as smooth and fulfilling as possible for every intended parent we work with.

Surrogacy Laws in Texas

Texas expressly permits gestational surrogacy, but enforceability depends on obtaining a court order validating the agreement before any embryo transfer occurs. Here’s how Texas navigates surrogacy:

Key Aspects of Texas‘s Approach to Surrogacy:

Legality of Gestational Surrogacy Agreements (GSA): Gestational surrogacy agreements are enforceable in Texas provided the agreement is judicially validated under Texas Family Code sections 160.751 through 160.762 (Chapter 160, Subchapter I) — among the longest-standing gestational surrogacy statutes in the country. Texas requires more than a properly drafted and signed contract — the Intended Parents and prospective Gestational Carrier must file a court proceeding and obtain an order validating the agreement. An agreement that is not properly validated is generally unenforceable, and parentage must then be determined under Texas’s otherwise applicable parentage laws.
Gestational Carrier & Intended Parent Eligibility: In addition to being at least 21 years old, a Gestational Carrier must have previously experienced at least one pregnancy and delivery, and the court must find that carrying another pregnancy to term would not present an unreasonable risk to her physical or mental health or to the health of the child. The carrier may not be genetically related to the embryo (traditional surrogacy is not covered) and may not use her own eggs, must have been advised by her physician of the medical risks of surrogacy, and her husband must be a party to the arrangement if she is married. The Intended Parents must be married to each other, and the court must receive medical evidence showing that there is a medical barrier — any physical or emotional barrier — that makes it impossible to carry a pregnancy or creates an unreasonable risk to the intended mother or child.
Inclusivity: Texas’s statutory validation procedure is narrower than the laws of many other surrogacy-friendly states. The Intended Parents must be married to each other, and both spouses must be parties to the gestational agreement — a single Intended Parent or an unmarried couple cannot use the statutory validation procedure as currently written. Texas does not require either Intended Parent to have a genetic relationship to the child, and since Obergefell v. Hodges, married same-sex Intended Parents have had equal access to the statute’s protections; because the statute has not been rewritten in gender-neutral terms and requires medical evidence concerning an “intended mother,” married same-sex couples should still obtain advice from experienced Texas counsel about validation and whether a separate parentage or adoption proceeding will be necessary.
Parentage orders: Parentage is established through a two-stage court process. First, before the embryo transfer, the Intended Parents and prospective Gestational Carrier file a petition asking a Texas court to validate the gestational agreement; either the carrier or the Intended Parents must have lived in Texas for the preceding 90 days. Texas law authorizes the judge to request a home study confirming the Intended Parents’ fitness before issuing the order, though this requirement is often waived by Texas judges. Second, after the child is born, notice of the birth must be filed with the validating court no later than the 300th day after the assisted-reproduction procedure, and the court enters an order confirming the Intended Parents as the child’s legal parents. Vital Records typically issues a birth certificate within about a week of birth listing only the Intended Parents, with no mention of surrogacy.
Parental rights for non-biological parents: The validated-agreement procedure is generally the same whether at least one Intended Parent is genetically related to the child or neither has a genetic connection — genetic connection is not relevant to the Texas surrogacy statute, and Texas does not require a genetic relationship between the child and either Intended Parent for a validated agreement. The analysis changes materially if the Intended Parents do not qualify for statutory validation or never obtain a validation order: an unvalidated agreement is generally unenforceable, and a genetically related Intended Parent may have a more direct route to establishing parentage while a non-genetic Intended Parent may need an adoption or another judicial proceeding.
Legislative Developments to Watch: As of 2026, the Texas legislature has been considering legislation that could restrict international surrogacy arrangements. This is a developing area of law, and prospective international Intended Parents working with a Texas Gestational Carrier should confirm the current status of any such legislation with experienced Texas counsel before proceeding; clearer guidance is expected around the start of 2027.

It is highly recommended that both intended parents and surrogates have independent legal representation. This ensures that the surrogacy agreement is fair and that the rights and responsibilities of all parties are clearly outlined and understood.

At Fairfax Surrogacy, we collaborate with legal professionals experienced in Texas’s surrogacy landscape, including Alex Monk, Esq. of Alex Monk Law, LLC. Our network of legal experts ensures that your surrogacy journey complies with applicable laws and that your rights and interests are safeguarded throughout the process.

Understanding and navigating these laws can be complex, but with the right guidance and support, intended parents and surrogates can embark on this journey with confidence and peace of mind.

Information About Surrogacy in Texas for Intended Parents

Embarking on the surrogacy journey in Texas as an intended parent requires careful consideration and the right support. At Fairfax Surrogacy, we understand the significance of selecting the right surrogacy agency for a successful and fulfilling experience.

Our approach is rooted in personalization, coordination, continuous support, and transparency. We prioritize finding the ideal surrogate match for you, manage all legal and medical processes meticulously, offer unwavering guidance throughout the journey, and provide transparent financial planning.

Choosing a Surrogacy Agency

Selecting the right surrogacy agency is crucial for a successful journey. At Fairfax Surrogacy, we offer comprehensive services tailored to your unique needs. Our approach includes:

Personalized Matching: We prioritize finding the perfect surrogate match for you, considering factors like compatibility, values, and preferences to ensure a harmonious journey.
Coordination of Legal and Medical Processes: We manage all aspects of the surrogacy journey, from overseeing legal agreements to coordinating medical appointments and procedures. Our team ensures that every step adheres to Texas’s legal requirements and medical best practices.
Continuous Support and Guidance: We provide ongoing support and guidance throughout the surrogacy process. Our team is always available to answer your questions, offer emotional support, and provide the resources you need for a smooth experience.
Transparent Financial Planning: Understanding the financial aspects of surrogacy is vital. We offer a clear breakdown of all costs involved, including agency fees, surrogate compensation, and medical expenses, to help you plan effectively.

Whether you’re located in a major city like Houston or a smaller community in Texas, choosing Fairfax Surrogacy means embarking on a well-supported and carefully guided path to parenthood. We are dedicated to making your surrogacy experience as fulfilling and successful as possible.

Finding a Surrogate in Texas

At Fairfax Surrogacy, we distinguish ourselves through our quality screening process, ensuring that all surrogates are thoroughly vetted before matching. This approach sets us apart from many traditional models and is a crucial aspect of our commitment to your journey towards parenthood.

Initial Consultation and Screening: The journey begins with an initial consultation and a comprehensive screening process. This step is vital in understanding the candidate’s readiness and suitability for surrogacy.
Comprehensive Health Screening: Our health screening is extensive, including medical examinations, bloodwork, and psychological evaluations. This ensures that our surrogates are in optimal health, both physically and mentally, for the surrogacy journey.
Background Checks: We conduct detailed background checks as part of our commitment to safety and security throughout the surrogacy process.
In-Depth Interviews: Our team engages in thorough interviews with potential surrogates to gauge their motivations and expectations, ensuring they are fully prepared for the journey ahead.
Compatibility Matching: After passing our rigorous screening process, surrogates are carefully matched with intended parents, considering factors like personality, values, and communication preferences.

Our quality screening process stands as an invaluable safeguard for you on your path to becoming a parent through surrogacy. By thoroughly vetting all surrogates before matching, we ensure a higher level of safety, compatibility, and overall satisfaction for both surrogates and intended parents. This meticulous approach is a cornerstone of our service at Fairfax Surrogacy, reflecting our dedication to creating successful and fulfilling surrogacy experiences.

Surrogacy Contracts & Securing Your Parentage

Navigating the legal aspects of surrogacy is a critical component of the journey for intended parents in Texas. Establishing parental rights involves specific legal steps, including the drafting of a well-structured surrogacy agreement and, in most cases, issuance of a pre-birth order for securing your parentage. At Fairfax Surrogacy, we understand the importance of these legalities and ensure they are handled with precision and expertise.

Our extensive network of partners includes top legal professionals who specialize in reproductive law, including Alex Monk, Esq. of Alex Monk Law, LLC. These experts are well-versed in the nuances of Texas’s surrogacy landscape, ensuring that your surrogacy agreement is meticulously crafted to protect your rights as intended parents. This legal framework is essential not only for securing your parentage but also for providing clarity and security for all parties involved in the surrogacy process.

Surrogacy Costs in Texas

At Fairfax Surrogacy, we recognize the financial complexities involved in the surrogacy journey. To provide clarity and peace of mind for our intended parents, we offer fixed cost packages for surrogacy. These packages are designed to simplify the financial aspect of surrogacy, ensuring transparency and eliminating the worry of hidden fees or unexpected expenses.

Every package includes professional fees covering agency, attorney, counselor, insurance review, and escrow management. Additionally, they encompass surrogate pre-screening, compensation, and all related expenses. Even select variable expenses, such as outside monitoring, travel, and insurance, are covered.

By choosing one of our fixed cost surrogacy packages, intended parents can focus on the exciting journey ahead, reassured by the knowledge that all financial aspects are transparently handled and well-managed. For more details on each package and to understand which option best suits your needs, we invite you to request a no-cost consultation with one of our experienced case managers.

Information About Surrogacy for Texas Surrogates

Becoming a surrogate in Texas is a generous and life-changing decision. It’s a journey that requires commitment, understanding, and a supportive environment. At Fairfax Surrogacy, we are dedicated to guiding surrogates through every step of this rewarding process. Potential surrogates in Texas should understand the requirements to become a surrogate, the steps of the surrogacy process, and their surrogacy compensation.

The Surrogacy Process

The surrogacy process includes several stages, each meticulously planned to ensure a successful and fulfilling experience. It all begins with the initial consultation and screening, where we determine if you’re ready for the remarkable role of a surrogate.

Initial Consultation and Screening: The surrogacy journey begins with an initial consultation followed by a comprehensive screening process. This includes bloodwork and a psychological evaluation to ensure that you are fully prepared for the experience of being a surrogate.
Matching with Intended Parents: After the initial screening, we focus on matching surrogates with intended parents. This step involves considering each party’s preferences, expectations, and compatibility to ensure a harmonious relationship throughout the surrogacy journey.
Medical Screening: Following a successful match, surrogates undergo further medical screening. This step is crucial to confirm overall health and readiness for the surrogacy process.
Legal Process: Once medical screening is complete, the legal process begins. This involves drafting and finalizing surrogacy agreements to protect the rights and responsibilities of both the surrogate and the intended parents.
Medical Process, Including IVF: After the legal agreements are in place, the medical process starts. This includes fertility treatments and in vitro fertilization (IVF) to facilitate the pregnancy.
Pregnancy and Birth: The final stages of the journey involve the surrogate carrying the pregnancy and eventually giving birth. Throughout this period, we provide continuous support and care to ensure a healthy pregnancy and delivery experience for both the surrogate and the baby.

Throughout every stage, Fairfax Surrogacy provides unwavering support and care to ensure a healthy and rewarding experience for both you and the intended parents.

Becoming a Surrogate in Montana

To become a surrogate in Texas, candidates typically need to have had at least one successful pregnancy, be in good physical and mental health, and meet certain age criteria. The basic requirements to become a surrogate in Texas are:

Must be a legal resident of the United States
Must be between the ages of 21 and 42 years old
Must have a body mass index (BMI) less than or equal to 32.
Must have had at least one full-term, uncomplicated pregnancy and birth
Must have had 5 or fewer previous deliveries and 2 or fewer C-sections

If you meet these basic requirements, you may be eligible to become a gestational surrogate with Fairfax Surrogacy. This process is the beginning of a rewarding journey where you can make a significant difference in the lives of intended parents.

The Application Process

Becoming a surrogate is a meaningful journey, and at Fairfax Surrogacy, we are here to guide you through every step of the way. The first step in your surrogacy journey is the application process, where we take the time to get to know you and ensure that you have all the information you need about surrogacy.

What to Expect During the Application Process:

Initial Consultation: We will start by having an initial consultation to answer any questions you may have and provide you with comprehensive information about surrogacy. This is an opportunity for you to gain a clear understanding of the surrogacy process.
Questionnaires and Interviews: As part of the application process, we will gather information through questionnaires and interviews. These will help us learn more about your background, preferences, and motivations for becoming a surrogate.
Medical History and Records: Your medical history, including pregnancy and delivery records, will be reviewed. This is to ensure that you meet the necessary medical criteria for surrogacy.
Matching Preferences: We will discuss your preferences for matching with intended parents. Your comfort and compatibility with the intended parents are essential for a harmonious surrogacy journey.
Medical and Psychological Assessments: As part of the screening process, you will undergo basic laboratory testing and a psychological assessment. These assessments help ensure that you are physically and emotionally prepared for the surrogacy journey.
Insurance Review: We will review your medical insurance to determine which aspects of the surrogacy process are covered. If necessary, we may work on adjusting or expanding your health insurance coverage to prevent unforeseen expenses.

Our goal during the application process is to provide you with all the support and information you need to embark on this remarkable journey with confidence. Your well-being and understanding of the process are our top priorities.

Compensation for Surrogates in Texas

At Fairfax Surrogacy, we deeply value the commitment and vital role our surrogates play in the journey of creating families. Understanding the importance of transparency in financial matters, we prioritize clear and upfront communication about how much surrogates get paid in Texas, ensuring our surrogates are fully informed from the beginning.

Generous Benefits Package: Fairfax Surrogates are offered a generous Benefits Package, starting at $55,000. This package is designed to adequately compensate our surrogates for their dedication and the incredible gift they are providing to intended parents.
Additional Fees and Bonuses: In addition to your base compensation, our package includes additional fees and bonuses, recognizing the various aspects and stages of the surrogacy journey.
Support and Benefits: Beyond financial compensation, surrogates receive comprehensive support throughout the pregnancy, including medical care, counseling, and a supportive community of fellow surrogates.

Becoming a surrogate is a profound decision that impacts many lives. At Fairfax Surrogacy, we honor and respect the dedication of our surrogates and are committed to providing them with the utmost care and support throughout their surrogacy journey in Texas.

For detailed information about the benefits and support we offer, find out if you qualify!

FAQs About Surrogacy in Texas

Is surrogacy legal in Texas?

Yes, provided the agreement is judicially validated under Texas Family Code sections 160.751 through 160.762 (Chapter 160, Subchapter I) — among the longest-standing gestational surrogacy statutes in the country. The agreement must be in writing, provide that the Gestational Carrier will attempt to become pregnant through assisted reproduction, and provide that the carrier, her husband if she is married, and any donors relinquish parental rights and responsibilities while the Intended Parents will be the child’s parents. The Intended Parents must be married to each other, and both must be parties to the agreement. An agreement that is not properly validated is generally unenforceable, and parentage must then be determined under Texas’s otherwise applicable parentage laws.

Can LGBTQ+ individuals and same-sex couples pursue surrogacy in Texas?

Texas’s statutory validation procedure is narrower than the laws of many other surrogacy-friendly states. The Intended Parents must be married to each other, and both spouses must be parties to the gestational agreement — a single Intended Parent or an unmarried couple cannot use the statutory validation procedure as it is currently written. Texas does not require either Intended Parent to have a genetic relationship to the child. Since the Supreme Court’s decision in Obergefell v. Hodges recognized the right of same-sex couples to marry, married same-sex Intended Parents have had equal access to the protections of the Texas surrogacy statute, though married same-sex couples should still obtain advice from experienced Texas reproductive counsel about whether the local court will validate the agreement.

What are the requirements for becoming a surrogate in Texas?

Surrogates typically need to meet certain criteria, such as being of a certain age range, having a previous successful pregnancy, and passing medical and psychological screenings. The basic requirements to become a surrogate are:

Must be a legal resident of the United States
Must be between the ages of 21 and 42 years old
Must have a body mass index (BMI) less than or equal to 32
Must have had at least one full-term, uncomplicated pregnancy and birth
Must have had 5 or fewer previous deliveries and 2 or fewer C-sections

How do intended parents establish legal parentage in Texas?

In Texas, intended parents can establish legal parentage through the process of obtaining pre-birth or post-birth parentage orders from the court, consistent with the requirements described above under “Surrogacy Laws in Texas”. This process typically involves filing a petition with the court that outlines the surrogacy arrangement. The court then reviews the petition and, if it meets the necessary criteria, issues an order that legally recognizes the intended parents as the legal parents of the child.

What are the costs associated with surrogacy in Texas?

Surrogacy costs can vary, but they generally include agency fees, surrogate compensation, medical expenses, legal fees, and other related costs. Agencies like Fairfax Surrogacy offer fixed cost packages to provide clarity and manage financial aspects of the surrogacy journey.

Is Texas a surrogacy-friendly state?

Yes, for married couples who satisfy the statutory validation procedure. Texas courts routinely validate compliant gestational surrogacy agreements and confirm parentage through a clear two-stage process. Because the statute is narrower than those of many other states — requiring married Intended Parents — working with experienced Texas surrogacy counsel is especially important to determine the best path forward for your family.

How do I find a surrogate in Texas?

Finding a surrogate in Montana typically involves working with a reputable surrogacy agency. These agencies have expertise in matching intended parents with surrogates who meet their specific needs and preferences. The process usually includes:

Consultation with a Surrogacy Agency: Start by consulting a surrogacy agency like Fairfax Surrogacy. They will provide information about their services, the surrogacy process, and answer any initial questions you may have.
Surrogate Matching Process: The agency will assist you in the matching process, taking into account factors such as compatibility, personality, values, and any specific preferences or requirements you have.
Rigorous Screening: Surrogates in Montana undergo a rigorous screening process, which includes medical, psychological, and background checks, to ensure they are suitable for the surrogacy journey.
Legal and Medical Procedures: Once a match is made, the agency will guide you through the necessary legal and medical procedures, including drafting surrogacy agreements and coordinating medical treatments.

Working with an agency ensures that all aspects of the surrogacy process are handled professionally and in compliance with Montana’s legal framework.

Contact Us

Ready to take the next step in your surrogacy journey?

Whether you’re considering becoming a surrogate or you’re on the path to parenthood, Fairfax Surrogacy is here to guide and support you every step of the way. Our team of compassionate and experienced professionals is eager to answer your questions and provide the personalized assistance you need.

Contact us today to explore your options, learn more about our services, and start your journey with confidence. Your dream of building or helping to build a family is just a conversation away – let’s make it a reality together!