Preserving Families

And Protecting Assets

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Family law: Can Texas LGBTQ couples pursue surrogacy?

The family dynamic has changed drastically over the last 50 years or so. In many circumstances, a family is no longer made up of the stereotypical mom, dad, kids, and the family dog. Gay couples in Texas and other states can legally marry and  add children to their families if they choose via surrogacy. This way of building a family is increasingly popular with same-sex couples. When considering surrogacy, there are some choices to be made. 

Surrogacy process for same-sex couples 

 The surrogacy process is pretty much the same for LGBTQ couples as for any other prospective parents. Same-sex couples, however, must need to consider some things before starting the surrogacy process. Here are some decisions to make: 

  • Will either person be genetically related to the child? In heterosexual surrogacy, both parents’ will be genetically related to the child since they donate the embryo and the sperm for in vitro fertilization (IVF). There are some gay male couples who each like to donate their sperm allowing both or either of them to be the biological father. 
  • Will the donor be anonymous or known?  Sometimes a couple wants to have someone they know to be the sperm or egg donor. Or they may choose to work with an agency. That has to be decided beforehand.   

There are pros and cons to the surrogacy process. It can be legally complicated and can be even more so for same-sex couples. But if a couple feels a child will complete their family, many are willing to go through the process and with the help of a Texas attorney experienced in family law, they will be overcome any potential snags along the way.