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Surrogacy in Austin


Surrogacy is an option for women and couples who were unable to conceive using first-line assisted reproduction procedures. It may also be an option for women with repeated miscarriages or those who may endanger their health by carrying a pregnancy.

There are two types of surrogates from which you can choose. The first is called a traditional surrogate. A traditional surrogate is inseminated with sperm, which fertilizes her own eggs. The resulting child will be biologically related to the traditional surrogate. The second type is called a gestational surrogate. A gestational surrogate is implanted with an embryo to conceive the child. Because her eggs are not used, the child will have no genetic relation to her.

Austin residents who are interested in pursuing surrogacy can be matched with a surrogate through a surrogacy agency or a fertility clinic. Some women or gay couples ask friends or family members to serve as surrogates.

Surrogacy Laws in Texas

Unlike many states, Texas has clear laws regarding surrogacy. According to state law, gestational surrogacy is explicitly allowed.

Texas state law allowing gestational surrogacy can be found in the Texas Family Code, Chapter 160: The Uniform Parentage Act. The subchapter on “Gestational Agreements” defines a “gestational mother” as a woman who gives birth to a child conceived under a gestational agreement.

According to Texas law, gestational surrogacy agreements are allowed under certain conditions. The surrogate’s eggs cannot be used for the pregnancy, making traditional surrogacy not covered by this law. The surrogate, her husband (if she is married), and any donors other than the intended parents must relinquish parental rights to the child. In order to be considered enforceable, the surrogacy agreement must be validated by a court.

Additionally, Texas law states that the intended parents must be married to each other, which appears to exclude same-sex couples from entering into surrogacy agreements.

Surrogacy Agencies in Austin

Many couples choose to work with surrogacy agencies to match them up with a surrogate. While each surrogacy agency is different, most require stringent psychological and physical screening of the surrogates before they begin the process. Before you choose a surrogacy agency, do some research beforehand, like how long the agency has been in operation, what screening procedures are used, and what requirements are in place for the surrogates. You may also want to ask questions regarding prices, fees, and payments.

The following surrogacy agencies in the Austin area work with Texas residents:

  • Surrogacy SOURCE
  • Surrogate Solutions

Some couples prefer to work with a fertility clinic for their surrogacy needs rather than a surrogacy agency. With fertility clinics, everything is handled in one place, from initial diagnosis to surrogate screening, to the actual process.