The Cove state guide
Statutory frameworkTexas authorizes gestational agreements under Family Code Chapter 160. The statutory pathway includes married intended parents, eligibility findings, and court validation.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Texas’s statutory gestational-agreement text expressly addresses married intended parents, while fertility lawyers report that single parents can obtain orders in some circumstances. Do not describe this as an unconditional statutory entitlement. Confirm the specific court’s legal basis, required findings, and post-birth procedure before entering an agreement.
Sources 12Unmarried couples do not fit the express marriage condition in Texas’s statutory text, although practitioners report court-approved arrangements in some cases. Both partners need a confirmed legal route, particularly a non-genetic partner. Ask counsel to establish feasibility before treatment instead of assuming a standard married-couple agreement applies.
Sources 12Married gay couples obtain Texas surrogacy orders in reported practice, including recognition of a non-genetic father. The statute retains gendered medical-necessity language, so counsel must address the court’s required findings and validation process. Unmarried couples need additional case-specific review rather than assuming identical access to the statutory route.
Sources 12Married lesbian intended parents can pursue Texas surrogacy in practitioner-described court practice. The agreement must be validated and the court’s medical and other eligibility findings addressed. Donor sperm does not itself require an adoption under the validated-agreement route, but counsel must confirm both mothers’ status and the planned genetic arrangement.
Sources 12Texas practice includes international intended parents, but the carrier or intended parents must satisfy the statute’s 90-day Texas residence requirement for the validation proceeding. Other eligibility and court requirements still apply. A Texas order addresses state parentage; nationality, immigration, travel documentation, and recognition abroad require separate review.
Sources 12How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
The statutory text requires intended parents to be married to each other. Practitioners report some single and unmarried cases, but those should be treated as court-specific rather than the plain statutory default. Same-sex married families also need counsel to address the statute’s remaining eligibility findings.
Texas’s validated-agreement framework permits eggs from an intended parent or donor and excludes the carrier’s own egg. Practitioners report orders for genetic and non-genetic intended parents. Counsel should review the full gamete arrangement and medical-necessity findings rather than assume genetics alone determines eligibility.
The prospective carrier or intended parents must have resided in Texas for at least 90 days before the validation proceeding begins. This can provide a connection for parents living elsewhere, but counsel should confirm who satisfies it, the proper county, and any additional jurisdictional requirements.
Under the statutory court-validation route, the agreement must satisfy detailed requirements and be signed at least 14 days before the transfer specified by law. An agreement that is not validated under the statute is unenforceable.
The statutory route requires judicial validation of the agreement and further steps after birth to confirm parentage. The contract must be signed at least 14 days before the covered transfer. Arrange the validation and final-order sequence before medical treatment rather than treating a signed contract as sufficient.
Review compensation and reimbursements with Texas counsel before signing. The agreement should clearly allocate health care costs and other financial responsibilities, including if the arrangement ends.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
