Whether you’re exploring surrogacy, adoption, donor agreements, or other family formation options, we’ve gathered answers to some of the most common questions to help guide your journey.

Is surrogacy legal in Texas?

Yes. Texas is one of the more surrogacy-friendly states in the country and has statutes that specifically recognize gestational surrogacy arrangements. However, there are important legal requirements that must be satisfied before an embryo transfer occurs. A properly drafted Gestational Agreement can help protect the rights and expectations of both the Intended Parents and the Gestational Carrier and may allow the Intended Parents to obtain a court order establishing their legal parentage before the child is born.

Because every surrogacy journey is unique, it is important to work with an attorney experienced in Texas surrogacy law to ensure that your agreement complies with Texas law and reflects your family’s specific needs.

Do intended parents and gestational carriers need separate attorneys?

Yes.  While Texas law does not expressly require separate legal counsel in every circumstance, independent legal representation is considered a best practice and is required by Gaydos Duffer, P.C. for all parties involved in a surrogacy arrangement.

Separate attorneys help ensure that both the Intended Parents and the Gestational Carrier fully understand their rights, responsibilities, and obligations under the agreement.  Independent counsel also reduces the likelihood of future disputes and helps strengthen the enforceability of the contract.

Our firm regularly represents Intended Parents and can also work collaboratively with counsel representing the Gestational Carrier to facilitate a smooth and successful surrogacy journey.

What is a collaborative divorce?

Collaborative Divorce is a private, non-adversarial process that allows spouses to resolve divorce-related issues without going to court. In a Collaborative Divorce, each spouse retains a specially trained collaborative attorney, and the parties commit to working together to negotiate solutions regarding property division, child custody, support, and other family matters.

The collaborative process emphasizes transparency, respectful communication, and creative problem-solving. For many families, it offers a more efficient, less stressful, and more cost-effective alternative to traditional litigation while preserving important family relationships.

Is it okay if I don’t live in Texas but my surrogate does live in Texas?

In many cases, yes. Intended Parents do not need to reside in Texas in order to work with a Gestational Carrier who lives in Texas. In fact, many intended parents from across the United States and internationally choose to pursue surrogacy arrangements involving Texas-based gestational carriers.

The specific facts of your arrangement, including where the child will be born and the applicable parentage laws, can affect the legal process. An experienced surrogacy attorney can help coordinate the legal aspects of a multi-state surrogacy journey and determine whether Texas law is the best fit for your circumstances.

Do I need a direct agreement with my egg donor?

Yes. Whether you are working with a known donor or an anonymous donor through an agency, a comprehensive Egg Donor Agreement is an important part of protecting everyone involved.

An Egg Donor Agreement addresses issues such as parental rights, confidentiality, compensation, medical procedures, future contact, storage and disposition of embryos, and the parties’ intentions regarding any resulting children. A properly drafted agreement can help minimize misunderstandings and provide clarity before the donation process begins.

Because every donation arrangement is different, the terms of the agreement should be carefully tailored to the specific circumstances and goals of the parties involved.

Do You Represent Gestational Carriers?

Yes. We represent Gestational Carriers throughout Texas and work closely with them to review, negotiate, and understand the terms of their Gestational Agreements before the surrogacy process moves forward.

Serving as a Gestational Carrier is a generous and significant commitment. Before entering into a surrogacy arrangement, it is important that you fully understand your rights, responsibilities, compensation, medical obligations, insurance considerations, and the expectations of the Intended Parents. Independent legal representation helps ensure that your interests are protected and that you are comfortable with the terms of the agreement.

As counsel for Gestational Carriers, we review the proposed agreement, explain each provision in plain language, negotiate appropriate revisions when necessary, and answer questions throughout the legal process. Our goal is to help Gestational Carriers move forward with confidence, knowing they understand the agreement they are being asked to sign.

We also work collaboratively with the Intended Parents’ attorney, surrogacy agencies, and fertility professionals to help facilitate a smooth and successful journey for everyone involved.

If you are considering becoming a Gestational Carrier or have been matched with Intended Parents and received a proposed contract, we would be happy to discuss your legal representation needs.