Your Austin divorce attorney will advise you that having a gestational surrogacy agreement is critical to protecting your rights. Not only should the biological parents have a gestational surrogacy agreement, they should have the agreement validated. The Texas surrogacy law allows courts to validate surrogacy agreements if the following criteria are met:
ï The biological parents are married;
ï The egg used is from the biological mother or a donor, rather than from the surrogate;
ï The biological parents have demonstrated a medical need to use a surrogate; and
ï The surrogate has had at least one successful pregnancy and delivery.
Under Texas law, validation of the surrogacy agreement is not required. However, if it is not validated before transfer of the embryo, the agreement is unenforceable. In instances where validation has not occurred before transfer of the embryo, the biological parents would have to establish a parent child-relationship via a family court proceeding after the child is born.
Having a child is a dream for many couples and surrogates play a crucial role in making that dream come true for some these couples. However, things can sometimes go wrong in gestational surrogacy cases. Hiring an Austin family law attorney with experience in gestational surrogacy law to draft a surrogacy agreement can help reduce the possibility of conflict and heartbreak if conflicts arise between the biological parents and the surrogate.
