Surrogacy in Texas

Texas is not chosen for cost differences—it is chosen for legal structure and surrogate availability. Families value Texas because of:

🌼 1. A Large and Diverse Surrogate Pool

Texas consistently has more qualified surrogate applicants than many coastal states. This translates to:

Faster matching

Less time waiting for re-matches

Greater variety in surrogate backgrounds

Higher likelihood of finding a surrogate whose lifestyle and values align with yours

This is the primary reason Intended Parents choose Texas, including many international families.

📘 2. Clear Statutory Framework (VGA)

Texas is one of the few U.S. states with codified gestational surrogacy law. Under Texas Family Code Chapter 160, parents may obtain a:

Validation of Gestational Agreement (VGA)

Once validated by the court:

Intended Parents are the legal parents

A judicial order establishing parentage before birth is issued

The surrogate has no parental rights

The hospital follows the court order

This process provides predictability while maintaining judicial oversight.

🏥 3. Excellent IVF & Medical Infrastructure

Major cities such as Houston, Dallas–Fort Worth, Austin, and San Antonio offer:

High-quality fertility centers

Strong prenatal care

NICUs capable of handling complex pregnancies

Monitoring clinics throughout suburban areas

Families who want consistent medical standards often prefer Texas.

⚠️ 4. Important Considerations (Transparency Matters)

Texas offers strong legal clarity but also has unique constraints:

Texas has more restrictive pregnancy-termination laws

Surrogacy contracts cannot require the surrogate to undergo actions not permitted by Texas law. Intended Parents who want maximum medical autonomy sometimes prefer California.

Most Texas hospitals do not accept POA (Power of Attorney)

If parents cannot arrive at birth due to travel or visa challenges, the hospital may require in-person presence. This is critical for international families.

Cross-state IVF can increase travel costs

If embryos are created in California and the surrogate lives in Texas, additional travel reimbursements may be required.

Families choose Texas primarily for surrogate availability, not lower cost.

📄 What Is VGA?

Texas does not use the same universal PBO (pre-birth order) model as California.

Instead, Texas uses a statutory validation procedure:

The Gestational Agreement is drafted and signed.

Attorneys file it in a Texas court.

The judge reviews statutory compliance.

If approved, the court issues an order establishing parentage before birth.

This order confirms that:

The Intended Parents are the legal parents

The surrogate has no parental rights

The agreement remains enforceable at birth

👪 Who Can Qualify for VGA?

Eligibility depends on marital status, genetic connection, venue, and judge discretion.

✔ When at least one intended parent is genetically related:

Married heterosexual couples → Typically eligible

Married same-sex couples → Typically eligible

Unmarried couples → Sometimes allowed

Single parents → Sometimes allowed

✔ When no intended parent is genetically related (double-donor embryos):

Married couples → Often allowed

Unmarried couples / single parents → Judge-dependent

Texas is more flexible than many expect, but venue analysis is essential.

🧭 Venue, Hearings, and Non-Resident Restrictions

✔ Where can the case be filed?

Surrogate’s county

Intended Parents’ county

Child’s expected birthplace

Any county agreed upon by all parties

✔ Are hearings required?

Some judges require all parties to appear

Some allow attorneys to appear alone

Post-birth orders usually do not require appearances

✔ Can non-residents use Texas for VGA?

No. If no party lives in Texas and birth is not planned in Texas, VGA is not available.

🌈 Same-Sex Parents in Texas

Married same-sex couples may:

Complete VGA

Receive orders establishing parentage before birth

Choose Parent/Parent or Father/Father on the birth certificate

Complete second-parent adoption if needed

Texas also honors valid out-of-state adoption decrees.

Texas is a major destination because:

• Surrogate availability is high
• Airports offer excellent access
• Legal structure is predictable for married couples

Many international Intended Parents:

• Create embryos in California
• Match with a Texas surrogate
• Complete prenatal care and delivery in Texas

This model combines the strengths of each state.

Surrogacy journeys in Texas generally range from $140,000–$150,000+, which is very similar to the total cost in California and other surrogacy-friendly states.

1️⃣ Texas is not significantly cheaper than California

While Texas surrogate base compensation is often slightly lower (around $45,000 vs. $55,000 in California), most other major cost categories remain similar, including:

• IVF and embryo transfer
• Legal fees
• Insurance policies and supplemental coverage
• Monthly allowances and pregnancy-related expenses
• Monitoring appointments
• Agency services
• Delivery and hospital costs

For this reason, the overall difference between a California-based and Texas-based journey is generally minimal.
Families select Texas primarily because of surrogate availability, not because of lower pricing.

2️⃣ Cross-state journeys may cost more

If embryos are created in California but the surrogate lives in Texas, extra travel reimbursement is required.

3️⃣ Why parents choose Texas

Cost is not the driving factor.
They choose Texas because surrogates are more available and matching is faster.

1️⃣ Consultation & Legal Strategy

We begin by reviewing your family structure, embryo plan, and Texas eligibility. When needed, we also consult Texas-licensed reproductive attorneys to confirm the most suitable legal pathway.

2️⃣ Matching With a Texas Surrogate

Texas has a large and diverse surrogate pool, allowing for quicker matches. After matching, the surrogate completes medical and psychological evaluations before moving forward.

3️⃣ Embryo Transfer & Pregnancy

The embryo transfer takes place at your chosen clinic. After pregnancy is confirmed, your surrogate starts prenatal care locally while your legal team prepares the next steps.

4️⃣ Validation of Gestational Agreement (VGA) & Final Parentage Steps

In Texas, VGA is typically completed after pregnancy begins, which is the standard practice.
In certain cases—such as double-donor embryos—VGA may be completed before embryo transfer for additional legal clarity.

Once validated, the court issues an order establishing parentage before birth.
After delivery, a post-birth parentage order is also issued to fully complete the legal process.
This does not delay the issuance of the birth certificate, and Intended Parents take custody immediately at birth.

💡 For a complete, step-by-step explanation of each stage, visit:
👉 Surrogacy Process for Intended Parents

To become a surrogate in Texas, you must meet certain health, lifestyle, and family criteria designed to ensure safety and success for everyone involved.

✅ Be 21–38 years old

✅ Have delivered at least one healthy child

✅ No more than 2 C-sections or 5 total births

✅ BMI of 32 or below (Use our BMI Calculator)

✅ U.S. citizen or permanent resident

✅ No tobacco or substance use

👉 View full surrogate requirements and eligibility details

Texas surrogates typically earn:

💰 Base compensation: $45,000–$55,000+

💼 Plus monthly allowances, maternity clothing, and milestone bonuses.

👉 View full details about surrogate pay, allowances, and frequently asked questions.