Gestational Arrangements

In 2003, the Texas legislature enacted new laws governing gestational arrangements (a.k.a. surrogacy arrangements).  These laws help protect the parties involved and ensure that the intended parents are also the legal parents of a child or children born as the result of a gestational arrangement.

Traditional v. Gestational Surrogacy

Traditional surrogacy is done by artificial insemination, with the surrogate using her own egg and another man’s sperm.  Traditional surrogacy is typically what people think of when they hear the word “surrogacy,” because traditional surrogacy used to be the only option that a couple had.

In Texas traditional surrogacy arrangements are most likely not enforceable as contracts and are not statutorily protected under Texas law.  Thus, the intended parents assume the risk that the surrogate will change her mind and the parties agreement might be unenforceable.  Because the surrogate has used her egg to conceive the child, the surrogate is considered the biological mother of the child and her rights will have to be terminated just like an adoption.

Gestational surrogacy is done by in vitro fertilization, with donated egg and sperm being implanted in the surrogate’s uterus. 

In Texas gestational surrogacy is statutorily protected by Texas law.  Thus, the risk assumed by the intended parents is much less than in a traditional surrogacy.  In a gestational surrogacy, the parties to the gestational arrangement enter into a written agreement as provided by the Texas Family Code.  A petition is filed to validate the parties’ gestational agreement and a hearing is held.  If the statutory requirements are met, the court issues an order, prior to the child’s birth validating the gestational agreement and finding that the intended parents are the legal parents of any child born under the agreement.  After the birth of the child, a notice of birth is filed by the intended parents and the court issues an order confirming that the intended parents are the parents of the child.

What We Do

Our firm handles both traditional and gestational surrogacy arrangements, as well as egg donor agreements.  Ultimately, deciding which type of surrogacy arrangement to enter into is the client’s decision. 

Even if you are working with a surrogacy center, it is imperative to have independent legal counsel review all of the documents prepared for your surrogacy arrangement.  Calabrese Huff can review the documents prepared by the surrogacy center you are working with, and advise you as to whether or not your rights are fully protected.

In addition, Calabrese Huff can provide legal assistance from start to finish, including, but not limited to:

· recommending surrogacy centers, egg donor clinics, and/or medical professionals;

· drafting the gestational agreement;

· drafting all legal documents;

· attending court hearings; and

· communicating with the medical professionals involved to make sure that they are properly informed of the legal aspects of your surrogacy arrangement.

Contact Calabrese Huff to learn more about gestational arrangements and surrogacy and set up a consultation with one of our attorneys.

Egg Donor Arrangements

Many of our clients find themselves faced with infertility problems.  Whether our clients are using a surrogate or intending to carry the child themselves with the help of an egg donor, our firm handles the legal aspects of egg donor arrangements.  Calabrese Huff provides a variety of services for those clients needing an egg donor, including, but not limited to, drafting and/or reviewing egg donor agreements between the intended parents and the egg donor.