Surrogacy Contracts in Texas: What’s Included and Why it Matters

In Texas, your surrogacy contract is the most important document you will sign. It is the roadmap for your entire journey, ensuring your medical rights are respected and your financial compensation is secure. But unlike in many other states, your contract in Texas serves a specific procedural function: it is the basis for judicial validation.

Under Texas law, your contract is not just a private agreement between two parties; it is a document that is submitted to a judge for approval before you even become pregnant. Once the judge “validates” the agreement, it becomes a court order, guaranteeing the intended parents are the legal parents from the moment of birth.

If you want to verify your process is legally compliant, contact a surrogacy specialist to learn more about our agency protocols.

What Should Be Included in a Surrogacy Contract?

Your surrogacy contract defines the interaction between you and the intended parents. In Texas, this document must be finalized, signed, and typically submitted to the court for validation at least 14 days before the embryo transfer.

The contract generally covers several key areas:

• Intent and Parentage: This section confirms you are carrying the child for the intended parents and do not intend to be the legal parent. This specific language is required to meet the standards of the Uniform Parentage Act as adopted by Texas.
• Financial Terms: Your contract provides a detailed breakdown of compensation. This includes your base pay, monthly expense allowances, and specific reimbursements for maternity needs. It also establishes escrow account requirements to ensure money is available when needed.
• Medical Expectations: This chapter outlines the medical protocols you agree to follow, including IVF medications and prenatal care schedules.
• Liability and Risk: The agreement clarifies that you are not financially liable for the costs of the pregnancy or medical complications. It shifts the financial risk of medical bills entirely to the intended parents.
• Conduct and Lifestyle: To support a healthy pregnancy, the contract sets boundaries regarding travel, diet, and high-risk activities.

Are Surrogacy Contracts Enforceable in Texas?

Yes. Texas is one of the few states with a specific statute—Texas Family Code Chapter 160, Subchapter I—that explicitly authorizes gestational agreements.

However, for your contract to be fully enforceable under this statute, it must be validated by a court. This means the intended parents and the surrogate file the contract with a judge, who reviews it to ensure it meets all legal requirements (such as all parties having independent counsel and the surrogate having medical clearance). Once the judge signs the order validating the agreement, the contract is strictly enforceable, and the state considers the intended parents to be the legal parents immediately upon birth.

You can view the specific statute here: Texas Family Code § 160.754.

What Happens If a Surrogacy Contract Is Breached?

A breach occurs when either you or the intended parents fail to meet a significant obligation listed in the signed agreement.

If the contract has been validated by the court, the remedies for breach are much stronger than in other states because the court has continuing jurisdiction over the case.

• Non-Medical Breaches: If the intended parents fail to pay, the court can enforce the financial terms directly.
• Medical Breaches: While a court will not force a surrogate to undergo a medical procedure against her will (due to constitutional protections), a breach of the health protocols could result in financial penalties or the loss of future compensation.

If the contract was not validated before the pregnancy, it is generally considered unenforceable under the specific surrogacy statute. In this scenario, the parties would have to rely on standard contract law and post-birth adoption proceedings, which carries significantly more risk.

Understanding Surrogate Compensation in Texas

Texas does not place a legal cap on surrogate compensation, allowing you and the intended parents to agree on a fair amount. Your contract will explicitly state the total compensation package and the timeline for every payment.

Your payments are generally divided into three distinct categories:

• Base Compensation: This is your primary fee for the service of surrogacy, typically paid in monthly installments starting after the confirmation of a fetal heartbeat.
• Allowances and Start Fees: You will receive payments to cover incidental costs. This includes a medication start fee when you begin injections and a monthly allowance for minor expenses like vitamins and mileage.
• Event-Based Payments: The contract will outline one-time payments for specific milestones, such as a maternity clothing allowance or fees for invasive procedures like amniocentesis.

To guarantee these payments are secure, your contract will mandate that the intended parents deposit the funds into a licensed and bonded escrow account prior to the start of medical treatment.

Medical Rights in a Surrogacy Contract

Texas law includes a powerful protection for surrogates. Texas Family Code § 160.754(g) explicitly states that a gestational agreement “may not limit the right of the gestational mother to make decisions to safeguard her health or the health of an embryo.”

This means your contract cannot strip you of your right to make medical decisions. Key provisions typically include:

• Provider Selection: The agreement will confirm your right to choose your obstetrical care provider.
• Treatment Compliance: You agree to follow the medical advice and protocols prescribed by the fertility clinic and your OB-GYN, subject to your right to safeguard your health.
• Information Sharing: You will sign HIPAA releases that allow the intended parents to speak with your medical providers and view medical records.

Pregnancy Termination & Reduction Clauses

This section must be drafted with extreme care due to Texas’s restrictive abortion laws. Since the overturning of Roe v. Wade, abortion is largely banned in Texas with very narrow exceptions to save the life of the mother.

• Legal Compliance: Your contract cannot require you to perform an act that is illegal in the state where it is to be performed. Therefore, termination clauses are generally limited to circumstances that comply with Texas law.
• Bodily Autonomy: Even if a termination were legal (for example, if you traveled to another state), the contract cannot legally compel you to undergo the procedure against your will. The decision to terminate a pregnancy remains a personal medical decision, though the contract may outline financial consequences for decisions that contradict the intended parents’ wishes (such as a reduction in fees).

Lifestyle and Travel Restrictions

To protect the investment of the intended parents and the health of the baby, your contract will place reasonable limitations on your lifestyle.

Common lifestyle clauses include:

• Dietary and Substance Limitations: You will agree to avoid high-risk foods and completely abstain from alcohol, nicotine, and illegal drugs.

• Travel Restrictions: You may be restricted from traveling out of state after 24–28 weeks. This is critical in Texas because the validated contract is specific to Texas jurisdiction; giving birth in another state could complicate the parentage process.

What the Contract Says About Labor and Delivery

The birth plan is a central part of your contract. This section serves as a script for the hospital experience, reducing stress for you and the intended parents.

The contract specifies the hospital where you intend to deliver and states that the intended parents are permitted to be in the delivery room, provided hospital policy allows it. Because the contract is validated, the intended parents are the legal parents immediately. The contract confirms their authority to make all medical decisions for the baby immediately after birth. If you agree to provide breast milk, the contract sets a weekly compensation rate for this service and requires the intended parents to cover supplies and shipping.

Insurance Requirements in a Texas Surrogacy Contract

Your financial security is a top priority. Your contract will require a thorough review of your health insurance policy to determine if it can be used for a surrogacy pregnancy.

If your policy excludes surrogacy, the intended parents are contractually obligated to purchase a separate surrogate-friendly insurance policy for you. The contract will also require the intended parents to purchase a life insurance policy for you, typically with a benefit of $250,000 or more to protect your family’s financial future.

How Surrogacy Contracts Differ: Agency vs. Independent

Choosing between an agency-assisted journey and an independent surrogacy journey significantly impacts your contract experience.

In an independent journey, you are responsible for ensuring your contract meets the strict validation requirements of the Texas Family Code. If you miss the 14-day window for validation or fail to file the correct medical affidavits, the contract may be unenforceable.

Working with an agency provides comprehensive support:

• Screening: We protect you by pre-screening intended parents to ensure they are financially capable.
• Legal Coordination: We manage the legal clearance process, connecting you with experienced Texas attorneys who know how to file for judicial validation correctly.
• Mediation: If a disagreement arises, your agency specialist acts as a mediator to resolve the issue professionally.

Understanding the Contract Is Just the Beginning—We’ll Help You Navigate What’s Next in Texas

Your surrogacy contract is the foundation of a successful process, providing you with the clarity and security you need to focus on the gift you are creating. It protects your finances, respects your body, and ensures that you and the intended parents are united in your goals.

We are here to handle the details so you can focus on a healthy pregnancy. If you are ready to begin a journey where your rights are protected every step of the way, contact us online to speak with a specialist today.