Yes, Texas recognizes gestational surrogacy under the Texas Family Code § 160.751–160.763, provided the surrogate is not genetically related to the child. The Texas Supreme Court upheld enforceability in In re Baby Boy L. (2016), but local courts may scrutinize contracts for unconscionability. The Texas Vital Statistics Unit requires pre-birth orders for birth certificate issuance, and the 2026 Texas Health and Human Services Commission draft rules propose stricter gestational carrier screening protocols.
Key Regulations for Surrogacy in Texas
- Pre-birth orders mandatory: Courts in Harris, Dallas, and Travis counties typically issue orders before birth, but venue-specific practices vary. The 2023 Texas Family Code amendments require genetic testing confirmation for gestational carriers.
- Compensation caps: Texas imposes no statutory limits on surrogate compensation, but courts may void contracts exceeding “reasonable expenses” under § 160.755, citing In re Baby E. (2021).
- Agency licensing: Surrogacy agencies must register with the Texas Department of Family and Protective Services under HB 3040 (2023), with annual compliance audits beginning 2026.
Intended parents must undergo home studies, and surrogates face psychological evaluations by licensed Texas providers. Out-of-state arrangements require additional validation under the Uniform Child-Custody Jurisdiction and Enforcement Act. Violations of § 160.756 (uncompensated surrogacy) may trigger civil penalties up to $10,000.