Gestational surrogacy contracts are enforceable in court, yes the law does not define whether genetic surrogacy contracts are legally enforceable.
State law does not define whether the surrogate can be compensated above the costs of expenses incurred.
Intended parents must be married in order for the surrogacy agreement to be enforceable.
Same sex couples may enter into surrogacy agreements, but single parents cannot.
State law defines some rights of the surrogate:
- The surrogate must be informed of potential medical and mental health risks by a physician
- The contract may not “limit the right of the gestational mother to make decisions to safeguard her health or the health of the embryo.”
- A surrogate or the intended parents must be residents of Texas for 90 days prior to filing a petition with the court to validate a surrogacy contract.
Some examples
