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Texas Surrogacy Law

Surrogacy agreements are heavily regulated in Texas.  Texas law explicitly allows gestational surrogacy (in which the surrogate mother is not the biological contributor of the egg) agreements.  However the law in Texas appears to exclude surrogacy agreements of same-sex couples.

One of the constraints imposed on surrogacy agreements in Texas is that the law requires the intended parents to be married to each other.  The law also requires that a surrogacy agreement be validated by a court.  Surrogacy agreements that are not validated by a court will not be enforceable.

There is no explicit prohibition in Texas on lesbian, gay, bisexual or transgender couples jointly adopting a child, nor is there an explicit prohibition on lesbian, gay, bisexual or transgender individuals from adopting a child of their same-sex partner.


Inside Texas Surrogacy Law