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Surrogacy in San Antonio

Image of surrogacy, San Antonio

Women who are unable to conceive or carry a baby to term have the option to turn to surrogacy for their family-building needs. A surrogate is a woman who carries a child for an infertile couple or woman.

There are two types of surrogacy: traditional surrogacy and gestational surrogacy. In traditional surrogacy, a woman is implanted with sperm, which fertilizes her own eggs. This makes the resulting child biologically related to her.

In gestational surrogacy, the surrogate is implanted with a fertilized egg from the couple or from another donor. Because this type does not use the woman’s own eggs, the resulting child is not biologically related to the surrogate.

It is common for a woman or a couple to know their surrogate personally. If choosing a friend or relative is not an option, surrogates can also be matched through a surrogacy agency.

Surrogacy Laws in San Antonio

The Texas Family Code clarifies the state laws regarding surrogacy in Texas. Modeled after Part 8 of the Uniform Parentage Act of 2002, this law states that gestational surrogacy is legal. However, it renders traditional surrogacy illegal because the surrogate would be using her own eggs.

In order for the surrogacy to be legal, it must meet certain requirements. First, a gestational agreement must be validated in court. The surrogate must prove that she previously sustained at least one pregnancy, while the intended mother must show that she cannot conceive or cannot carry a pregnancy to term. Couples must be married, and must agree to a home study beforehand. Also, a 90-day residency requirement must be met in Texas by both the surrogate and the intended parents.

The Texas law indicates that the couple must be married, which appears to exclude same-sex couples from entering into surrogacy. However, Texas has no ban on gay, lesbian, bisexual or transgender couples adopting a child jointly or adopting the child of a same-sex partner.

Surrogacy Agencies in San Antonio

For couples who do not choose a surrogate they know personally, they can be matched with a surrogate through a surrogacy agency. Agencies require potential surrogates to undergo medical screenings and psychological evaluations before beginning the procedure to make sure the woman is physically and mentally able to take on the role of surrogate.

There are several surrogacy agencies in the San Antonio area that match intended parents with surrogates. They include:

  • ConceiveAbilities
  • Surrogate Solutions
  • Surrogate Angels of San Antonio

It is important you ask questions about the fees and compensations involved at each agency you are considering, since they can vary widely.

Also, since surrogacy is considered the most legally-complex of the assisted reproductive technologies, it is a good idea to retain the services of an attorney who is experienced with assisted reproductive technology to help you through the process.