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Surrogacy in El Paso, TX

If you are a woman in Texas who is going to use surrogacy to have a baby, where do you get started? First, you’ll need to confirm your plans with your fertility clinic and then find a gestation carrier. In gestational surrogacy, the surrogate is implanted with a fertilized egg, which usually comes from the couple or a donor. In this method, the surrogate is not related biologically to the child.

You may be matched with your surrogate through and agency or your fertility clinic. Or, some women ask a close friend or relative to carry the baby.

El Paso, Texas Surrogacy Laws

El Paso Surrogacy Laws can be found in the Texas Family Code, which rules that gestational surrogacy is allowed, but traditional surrogacy is not; it is not legal for a surrogate to use her own eggs.

In order for Texas surrogacy agreement to be legal, the following conditions must be met:

  • A gestational agreement must be made in court
  • The surrogate must have had at least one successful pregnancy and delivery, and the intended mother must show she cannot sustain a pregnancy.
  • A 90-day Texas residency is required for both intended parents and surrogates.
  • The intended parents must be married, and must submit to a home study before the surrogacy procedure begins.

Although the Texas surrogacy statute requires that the intended parents be married, there is no explicit ban on lesbian, gay, bisexual or transgender couples jointly adopting a child or adopting the child of the same-sex partner.

Working with a Surrogacy Agency

Surrogacy agencies help match intended parents with a surrogate to carry the baby. Potential surrogates are required to undergo medical screenings and psychological evaluations to ensure that she is fit and capable of being a surrogate.

Each surrogacy agency has different fees and stated responsibilities; researching your options is important.

It is recommended that intended parents retain the services of a Texas lawyer experienced in reproductive technology law and surrogacy, to help you through the surrogacy process.

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