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The surrogate needs to be married and have her child as some procedures of surrogacy may lead to infertility. Single women cannot opt to have a child through surrogacy, but exceptions have been made for widows and divorced women if they obtain a certificate of recommendations from the National Surrogacy Board.
While your surrogate has many rights outlined in your contract, a gestational carrier cannot choose to keep the child because she won't have parental rights to the baby and won't be biologically related.
Because the surrogate is the biological mother of the child in traditional surrogacy, it's legally treated like adoption in the state of Texas. This means that a traditional surrogate must wait at least 48 hours after giving birth before she may relinquish her legal parental rights to a child.
Q: Is surrogacy legal in Texas? A: Yes, surrogacy is legal in Texas. While surrogacy laws in Texas require judicial approval of surrogacy contracts in advance of the surrogacy process, many courts actually approve of the surrogacy agreement as part of the parentage declaration process.
Because the surrogate is the biological mother of the child in traditional surrogacy, it's legally treated like adoption in the state of Texas. This means that a traditional surrogate must wait at least 48 hours after giving birth before she may relinquish her legal parental rights to a child.
The surrogacy contract (sometimes called a surrogacy agreement) is a binding legal document that guides the entire surrogacy process for intended parents and surrogates. It's one of the most important parts of the entire surrogacy journey.
Gestational Surrogacy is permitted by Texas by Tex. Fam. Code§ 160-751 through A§ 160-763 which authorizes Gestational Surrogacy for married Intended Parents who follow the procedures specified in the statute, including having their Gestational Carrier agreement validated by a court before birth.
The commissioning parents must be unable to give birth to a child and the condition must be permanent and irreversible, and the surrogates must have had at least one healthy (still living) child prior to the surrogacy agreement being concluded.
A traditional surrogate is the biological mother of her child, meaning she has parental rights and the power to change her mind and keep the baby. The intended parents would then need to go to court to gain custody of the child.