The Legal Side of Surrogacy in Fort Bend, Texas

For many families across Fort Bend County, surrogacy represents more than a medical option; it is a deeply meaningful path to parenthood. Whether due to infertility, medical complications, same-sex family planning, or personal preference, surrogacy offers intended parents the extraordinary opportunity to welcome a child who is biologically related to them.

However, while the surrogacy journey is filled with excitement, generosity, and hope, it also involves several critical legal steps. These steps ensure that everyone involved, the intended parents, the surrogate, and the child, is legally protected from start to finish.

Surrogacy in Fort Bend, Texas, is recognized and supported under Texas law, but it must be carried out with strict adherence to specific requirements. Understanding these legal standards is essential to avoiding complications and ensuring the smoothest possible journey to parenthood.

Understanding Surrogacy in Texas

Surrogacy is an arrangement in which a woman (the surrogate) carries and delivers a child for another person or couple (the intended parents). Texas recognizes two general forms of surrogacy, but only one is legally protected and commonly used today.

1. Traditional Surrogacy

In this arrangement, the surrogate uses her own egg and is genetically related to the child.
Legal risks:

• Greater potential for parentage disputes
• Not protected under Texas’s gestational surrogacy laws

For this reason, traditional surrogacy is rarely recommended in Texas.

2. Gestational Surrogacy (Legally Protected in Texas)

The surrogate carries an embryo created from the intended parents’ or donors’ egg and sperm.
She has no genetic link to the child.

Texas is considered one of the most surrogacy-friendly states because it expressly recognizes and enforces gestational surrogacy agreements provided the parties meet specific legal requirements.

Gestational surrogacy is the form used in almost all legally recognized arrangements in Fort Bend County.

Surrogacy Laws & Legal Requirements in Fort Bend, Texas

Under Texas Family Code Chapter 160, gestational surrogacy arrangements must be in writing and must meet strict standards to be enforceable. A properly prepared contract protects all parties and ensures that the intended parents will be recognized as the child’s legal parents.

Here are the key requirements:

1. The Agreement Must Be a Written, Detailed Contract

The contract between the intended parents and the surrogate must outline:

• Responsibilities of each party
• Medical procedures and expectations
• Compensation and expense payments
• Parental rights
• Confidentiality and communication terms
• Plans for emergencies or complications

This contract is the backbone of the legal process.

2. Intended Parents Must Meet Certain Criteria

Typically, Texas requires that:

• The intended parents are married.
• At least one intended parent provides genetic material (egg or sperm).
• The arrangement is medically recommended or necessary.

3. The Surrogate Must Be Medically and Psychologically Qualified

The surrogate must:

• Be at least 18 years old
• Have previously given birth
• Complete a medical evaluation
• Complete a psychological evaluation

These steps help ensure a safe and stable surrogacy experience.

4. Court Approval Is Mandatory Before Embryo Transfer

A Texas court often located in Fort Bend County, if the surrogate or intended parents reside there, must validate the contract before the embryo transfer occurs.

This validation:

• Confirms the agreement meets Texas legal standards
• Ensures enforceability
• Protects both the surrogate and the intended parents
• Simplifies the parental rights process after birth

Without court approval, intended parents may face challenges obtaining legal parentage later.

Establishing Parental Rights in Fort Bend County

Once the contract is validated and the pregnancy is established, the next key legal step is the pre-birth parentage order.

Pre-Birth Parentage Order

This court order ensures that:

• The intended parents’ names appear on the child’s birth certificate
• The surrogate (and her spouse, if applicable) has no parental rights or obligations
• Hospital staff and vital records offices are legally authorized to treat the intended parents as the child’s parents from the moment of birth

Texas is known for providing a smooth and efficient parentage process when the proper legal steps are taken from the start.

Compensation and Legal Protections for Surrogates

Texas law allows surrogates to receive compensation in addition to medical expense reimbursement.

Compensation terms must be:

• Clearly outlined in the contract
• Ethical and transparent
• Agreed upon by all parties in advance

Because compensation can be a sensitive issue, independent legal representation is strongly recommended for both parties. This ensures fairness, protects the surrogate from exploitation, and ensures the intended parents receive a legally enforceable agreement.

Final Thoughts on The Legal Side of Surrogacy in Fort Bend, Texas

Surrogacy in Fort Bend, Texas, offers hopeful parents an extraordinary opportunity to build the family they’ve always dreamed of, within a legal framework designed for clarity, protection, and peace of mind.

When handled correctly, gestational surrogacy is not just a medical process, it is a carefully regulated legal partnership grounded in trust, mutual respect, and the shared goal of bringing a child into the world safely.

Mokolo Law Firm guides intended parents and surrogates through every stage of the legal process with clarity, compassion, and precision. Below is an in-depth look at how surrogacy works legally in Texas and what you should know before beginning. We proudly support both intended parents and surrogates by:

• Drafting detailed and enforceable surrogacy contracts
• Securing court validation before embryo transfer
• Obtaining pre-birth parentage orders
• Ensuring all parties understand their rights and responsibilities
• Providing compassionate, comprehensive legal guidance throughout the journey

Whether you are beginning the surrogacy process or need help understanding your rights, our team is here to guide you every step of the way. With the right legal support, surrogacy becomes a smooth, empowering, and legally secure path to parenthood.