Surrogacy offers a path to parenthood for same-sex couples, but the process comes with unique legal and financial challenges. Texas laws add complexities that require careful planning to ensure parental rights and a smooth journey to welcoming a child.
Legal complexities in Texas
Texas does not explicitly prohibit surrogacy for same-sex couples, but its laws favor married heterosexual couples. The state legally recognizes gestational surrogacy agreements, but traditional surrogacy agreements—where the surrogate uses her own egg—carry more legal risks. Intended parents must secure parental rights through legal agreements, which can be more complicated for same-sex couples.
Establishing parental rights
Texas law requires a court order to establish legal parentage after a child’s birth. For same-sex couples, the non-biological parent may need to complete a second-parent adoption to gain legal recognition. This process can be time-consuming and requires background checks, home studies, and court approval. Without legal safeguards, the non-biological parent may face custody challenges in the future.
Financial and logistical hurdles
Surrogacy can be expensive, often costing over $100,000 when considering medical expenses, legal fees, and surrogate compensation. Insurance coverage varies, and intended parents may need to cover medical costs out-of-pocket. Additionally, finding a surrogate willing to work with same-sex couples can take time, as some agencies or individuals may have restrictions based on personal or religious beliefs.
Protecting your family’s future
Working with experienced professionals can help same-sex couples navigate Texas surrogacy laws. Drafting a strong surrogacy agreement ensures clear expectations for both parties. Seeking a court order for parental rights before birth, when possible, can also prevent legal issues.
Texas surrogacy laws can create obstacles, but careful planning helps same-sex couples build their families securely.