Reproductive technologies have come a long way, and the laws about surrogacy and gestational agreements have changed too. Texas allows these agreements under certain rules, which can help clear things up for would-be parents, surrogates, and everyone else involved. If you’re thinking about being a surrogate or you’re a hopeful parent looking into surrogacy, it’s key to get a grip on the legalities around gestational agreements in Texas.
What’s a Gestational Agreement?
A gestational agreement is a contract between a surrogate and the intended parents. In this agreement, the surrogate promises to carry and deliver a baby for the intended parents. This contract spells out the rights, duties, and expectations of everyone involved. It makes sure the intended parents are seen as the child’s legal parents and the surrogate has no parental rights. In the past, surrogates could be related to the child, but the main difference in a modern gestational agreement is that the surrogate cannot be biologically linked to the child. Instead, doctors create embryos using eggs from the intended mother or a donor, and sperm from the intended father or a donor.
In Texas, state law governs gestational agreements to make sure everyone’s legal rights stay protected. These agreements are legal and binding, but the contract must follow strict rules.
Legal Framework for Gestational Agreements in Texas
Texas acknowledges and enforces gestational agreements under the Texas Family Code Section 160. This section spells out the legal rules for surrogacy and gestational agreements. To make the agreement valid and binding, it needs to meet certain legal conditions:
- Written and Signed Agreement: The agreement needs to be on paper and have signatures from all parties involved. This includes the intended parents, the surrogate, the surrogate’s spouse, and any donors in the process. Everyone must sign at least 15 days before the embryo transfer happens.
- Health and Fertility Requirements: To be eligible, the surrogate has to meet certain health and fertility standards. Surrogates need to have had at least one healthy pregnancy before. They also need to be in good shape, both physically and mentally.
- Screening and Eligibilty: In Texas, surrogate mothers go through health and mental checkups to make sure they’re ready for surrogacy. Would-be parents face the same home inspections and fitness rules as those wanting to adopt. Also, women who plan to become mothers this way must get a doctor’s determination that she cannot carry a pregnancy to term without unreasonable risk, either to her or the child.
- Legal Parentage: A key feature of gestational agreements in Texas is how they let parents establish parentage before their child arrives. Intended parents can ask the court to issue a parentage order prior to delivery. This order makes sure the intended parents are seen as the legal parents right from birth, without needing to adopt after the child is born. However, a confirmation process is still needed after the birth.
- Compensation and Legal Fees: Texas lets intended parents give surrogates some money to cover health costs linked to pregnancy, but the Texas Family Code doesn’t say much more about paying surrogates. It doesn’t allow or ban other types of payment beyond medical costs, but it’s normal for surrogates to be reimbursed for legal fees and other pregnancy-related expenses, and for living costs during pregnancy. However, much more than that might be interpreted as purchasing the baby, which would be frowned upon.
The Legal Process in Texas
After all parties sign the drafted gestational agreement, the next step involves seeking court approval to secure the intended parents’ legal rights to the child in a validation proceeding. This process has an impact on the following steps:
- Pre-Birth Parentage Order: Before doctors transfer the embryo, intended parents can ask the court to consider a pre-birth parentage order. This order confirms the gestational agreement is valid and gives intended parents legal rights to the child. It eliminates the need to adopt after birth.
- Embryo Transfer: Once the court grants the pre-birth parentage order, doctors can transfer the embryo. Throughout the pregnancy, regular medical and mental health check-ups occur. Intended parents often pay for these if the agreement says they should cover these costs.
- Birth and Parentage Confirmation: When a baby is born, the parents who planned to have the child need to file a birth notice within 300 days. The legal parentage order, which was approved before the birth, will then take effect. The law will recognize these parents as the child’s legal mom and dad, and the surrogate must hand over the baby to these parents. Also, the vital statistics unit will issue a birth certificate that shows these parents as the child’s legal parents.
Key Considerations for Intended Parents
- Legal Clarity: Texas law offers a clear route to establish legal parentage before the child’s birth, which can help reduce legal issues later. Without an enforceable gestational agreement, you would need to terminate the surrogate’s parental rights and go through adoption.
- Compensation: To budget, you need to understand all the costs. These include medical bills, legal fees, and what you’ll reimburse the surrogate for.
- Emotional Preparedness: Surrogacy can stir up emotions for everyone involved. It’s crucial to work with experts like fertility doctors, lawyers, and therapists.
Key Considerations for Surrogates
- Legal Support: Surrogates should team up with lawyers who know gestational agreements inside and out to safeguard their interests throughout the journey. If a gestational agreement proves unenforceable, surrogates might face more complex legal issues after the baby arrives.
- Compensation: Beyond medical expenses and lawyer fees, surrogates receive payment of certain living expenses for their time and effort. However, all parties need to agree on this payment beforehand and include it in the gestational agreement for it to be enforceable.
- Commitment: Becoming a surrogate demands a lot, both physically and emotionally. Surrogates need to grasp fully the emotional toll and duties that come with the role.
Conclusion
Gestational agreements offer a clear legal structure for couples looking to grow their families through surrogacy. When you get good legal advice and follow Texas laws, surrogacy can be a fulfilling choice. If you’re thinking about a gestational agreement in Texas, it’s crucial to team up with a skilled lawyer. This ensures that your rights and duties are spelled out and safeguarded throughout the process.