Preserving Families

And Protecting Assets

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Making Your Dream Of Parenthood A Reality

According to the Centers for Disease Control and Prevention, approximately 9% of men and about 11% of women of reproductive age in the United States have fertility challenges. While there are several methods available to make their dreams of parenthood a reality, from adoption and medication to in vitro fertilization (IVF) and intrauterine insemination (IUI), another option is growing in popularity: hiring a surrogate.

Surrogacy can be a wonderful process that allows everyone to build a family. While traditional surrogacy (where the surrogate is also the biological mother of the child) is not legal in Texas, gestational surrogacy is legally recognized by Texas Family Code § 160-751-763. Branch Law Firm is a source of information and guidance for intended parents seeking to build their families through traditional or gestational surrogacy.

Some Biological And Legal Details About Surrogacy

With gestational surrogacy, the egg is extracted from a prospective female parent or a donor and fertilized with sperm from a prospective male parent or donor, before being transferred to the surrogate. After a healthy pregnancy is confirmed, the surrogate may start receiving a base compensation and monthly allowance. Upon the birth of the baby, a notice of birth is filed with the court, which enters an order confirming the intended parents as the legal parents of the child.

A surrogacy contract needs to contain details like the following before the court will accept it as a valid gestational agreement:

  • Confirmation from a doctor that the arrangement is medically necessary due to the intended mother being unable to have a child, the couple being same-sex, or a similar reason
  • An indication that the gestational carrier has had at least one successful pregnancy in the past
  • Disclosures that ensure full knowledge of medical risks
  • Arrangements that provide for the health and safety of the carrier and the child

Texas law generally requires that a couple seeking to have a baby through gestational surrogacy be married to one another, but courts have been known to issue parentage declarations for unmarried couples and individuals. For compassionate, individualized counsel on your situation, consult with attorney Crista Marichalar Branch.

Contact A San Antonio Surrogacy Attorney

Branch Law Firm has helped many individuals and parents expand their families via gestational surrogacy. Ms. Branch has years of experience drafting and negotiating surrogacy agreements and helping her clients through any legal issues that arise.

If you would like to schedule a consultation on any family law matter, call 210-761-6390 or email us.