Navigating Through a Complex Area of the Law
In Texas, gestational surrogacy is an option for married couples in which the mother is unable to conceive or bring a child to term safely. If gestational surrogacy is chosen, a variety of legal issues need to be addressed. These issues are complex.
At the Dallas law firm of Palmer & Manuel, our attorneys have decades of experience with family law matters. We know how to navigate through the maze of regulations that Texas law has put into place regarding gestational surrogacy and assisted reproduction. We have represented gestational mothers and as well as intended parents. Our goal is to make the process as stress free as possible, while protecting your rights.
The Gestational Agreement
Traditional surrogacy is not recognized under Texas law. Gestational surrogacy is the only recognized option. In gestational surrogacy, the egg must either be from the intended mother or a donor. In other words, the egg cannot be the gestational mother's.
The gestational agreement must be completed and signed no less than 14 days before the transfer of any embryos. Our lawyers can assist with both the drafting and the negotiation of the agreement, in order to ensure that your rights are protected.
We can also assist with the drafting and the negotiation of donor contracts. We will take great care to see that all rights and obligations are covered. The document will be created in a manner that ensures the donor will retain no parental rights when the child is born.
Validation of the Gestational Agreement
The next step is to file a petition to validate the gestational agreement. This step should be taken before the child is born. Ideally, it is taken soon after the agreement is signed, but doesn't necessarily need to be before the transfer of the embryo(s) takes place.
A simple court hearing will take place regarding the petition. At the conclusion of the hearing, the court validates the agreement.
No further legal action is necessary until the child is born. It is important to note that gestational surrogacy and assisted reproduction must be overseen by a licensed physician in order to be legally binding in Texas. At-home kits are not protected under the law.
Notice of Birth
When the child is born, a notice of birth must be filed with the court. Typically, there is no need for anyone other than the attorney to appear on your behalf. At that point, if necessary, we can get a court order changing the child's name and ordering a new birth certificate that names the intended parents as the child's parents.
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