Do Surrogates Have Parental Rights?
A surrogate is a woman who becomes pregnant and carries a baby for someone else. A gestational surrogate—through in vitro fertilization (IVF)—means that the surrogate will not be biologically related to the child they will carry. According to data cited by the Centers for Disease Control and Prevention (CDC), there are approximately 18,500 surrogate pregnancies in the U.S. each year.
This raises an important legal question: Does a surrogate in Texas have any parental rights? The short answer is it depends on whether the surrogacy is gestational or traditional. In this article, our Pearland family lawyer highlights the key things that you need to know about the rights of surrogates in Texas.
Gestational Surrogacy in Texas: Surrogate No Parental Rights, Proper Agreement Required
In Texas, gestational surrogacy is the process in which a woman agrees to carry a pregnancy for another individual or couple using an embryo that is not biologically related to her. In other words, the surrogate does not contribute her own egg to the process. Over the years, Texas has been viewed as one of the more surrogate-friendly states, owing largely to the clarity of its legal framework surrounding gestational surrogacy.
Indeed, our state has a specific statute for gestational surrogacy. The Texas Family Code clearly delineates the rights and responsibilities of all parties involved in a gestational surrogacy agreement. One of the most important things to know is that by law in Texas, the gestational surrogate has no parental rights over the child—or at least this is true when there is a properly drafted surrogacy agreement in place. The agreement should be comprehensive, clearly stating the intentions of the intended parents and the surrogate. It should always be drafted by a lawyer.
Traditional Surrogacy in Texas: Surrogate Must Surrender Rights, Treated as Adoption
On the other hand, traditional surrogacy in Texas follows a significantly different path. In traditional surrogacy, the surrogate mother contributes her own egg to the conception process. In other words, the surrogate is the biological mother of the child. In Texas, a surrogate mother who is biologically related to the child has automatic parental rights. She cannot relinquish these parental rights for the first 48 hours. That is a mandatory waiting period in Texas.
Texas treats traditional surrogacy much like an adoption. After the child's birth, the surrogate mother must willingly relinquish her parental rights to the intended parents. Only after this formal surrender can the intended parents move forward to secure their legal parental rights. This process is essential to ensure that the child's best interests are prioritized and that there is no ambiguity in parental rights and responsibilities. Of course, the adoption-like procedure in traditional surrogacy opens the door to potential legal complications and emotional challenges.
Contact Our Pearland, TX, Family Law Attorney Today
At John Powell III, P.C., our Texas family lawyer has extensive experience handling complex parental rights cases. If you have any questions about the rights of surrogates, we are here as a legal resource that you can trust. Contact us today for your fully confidential initial consultation. Our firm provides family law representation in Pearland, Brazoria County, and throughout Southeast Texas.