About Surrogacy in Texas.
The state of Texas (with Dallas / Fort Worth as a major metropolis) is a favourable location for surrogates to deliver. This is due to the Texas Family Code. Please view the legal section below for more information on this. Surrogacy in Texas is available to foreign Intended Parents, provided they are married man and woman, married same-sex couple, or single man or woman. The birth certificate will recognize the intended parent(s) and only the names of the IPs will appear on the birth certificates.
We work with Simple Surrogacy or Surrogacy Solutions for introducing you to surrogates and Egg Donor Solutions for egg donors. Our preferred attorneys in Texas are Lauren Gaydos Duffer (“LGD”) who have extensive experience in ART law. In Texas a surrogate is often described as a Gestational Carrier, because she has no genetic link with the child, which distinguishes her from a “traditional surrogate”. All women applying to be a gestational carrier are rigorously screened to assess their psychological, uterine and basic overall health. They also undergo credit and criminal checks. Simple Surrogacy has worked extensively with Fort Worth Fertility our preferred clinic in Texas.
IPs will complete a profile and biography and a FaceTime or Skype video conference will be held with representatives of each of Fort Worth Fertility, Simple Surrogacy and LGD, before they are matched with a surrogate. A case manager from the agency and clinic will be assigned to your case for the duration of your journey.
Throughout your journey all communication with the clinic, agency, lawyers or other service providers in Texas will be copied to us. If you have a medical issue then you will direct your email to the relevant clinic staff but copy us. If you have a question concerning administration, travel, legal issues or financial matters then you will address your email to us and we will engage with the relevant service provider in Texas as appropriate. We will be the project managers for your journey.
When a payment falls due the Texas service provider will send an invoice to us for your attention. We will first validate that the instalment is payable under the contract and if so pass it on to you for payment. You will make the payment by international bank transfer or credit card and send a copy of the remittance advice to us and the service provider.
At around month 7 of the pregnancy we will start talking to you about your travel plans and IPT Law will prepare your citizenship and passport applications and prepare the first draft of the surrogate mother’s affidavit. We will send the draft affidavit to Simple Surrogacy and LGD lawyers so they can provide it to the surrogate mother for her review.
At this time we will assist you and LGD in completing the validation process (obtaining a pre-birth order) so as to clearly establish your parentage and ensure a birth certificate will issue that shows only the IP or IPs name(s). IPT Law will lodge your Australian citizenship application, application for DNA testing and forward the completed passport application to you for your lodgement. You will be given detailed and complete instructions on how to prepare all documentation and the steps you must take. The Australian Embassy in Washington DC is responsible for all citizenship applications made for children born in Texas and in our experience the applications are taking up to 4 weeks to finalise. It will be quicker for you to apply for a US passport and then an electronic tourist visa for your child so that you can return to Australia about 3 weeks after their birth. We and the Texas lawyers will assist you with the documentation to obtain the US Passport.
Upon your return to Australia we will meet with you to ensure everything has been completed and then IPT Law will assist you to complete the Family Court application for parenting orders.
Benefits of Surrogacy in Texas.
Compensated surrogacy has been legal in Texas and Intended Parents have been recognised as the legal parents of the child immediately upon birth.
Married couples of any sexuality and single men and women can all enter gestational carrier agreements in Texas.
PRE-BIRTH COURT ORDERS
IPs obtain a pre-birth Order confirming their parentage and the surrogate mother has no parental rights. If the IPs have no biological link to the child it is no bar to parentage in Texas.
Children born in Texas through a surrogacy arrangement will automatically be US citizens and entitled to obtain a US passport. A US passport is normally available within 3 weeks of birth.
Provided IPs’ country of origin allows dual citizenship and citizenship by descent the child should also acquire the citizenship of the Intended Parents.
The child’s birth certificate should issue within a couple of weeks of birth and can record both IPs as parents, regardless of sex, or indeed just a dad or just a mum.
The practical step-by-step process of surrogacy in Texas is as follows:
IPs provide their sperm or eggs to clinic
IPs complete a profile and bio and undertake blood tests and sperm analysis (as applicable)
IPs provide identity documents and Police check
IPs sign agreements with all the service providers
IPs review surrogate mother profiles and are introduced to a potential surrogate
IPs and surrogate continue communicating until all are happy to proceed
Surrogate completes medical screening and given the go ahead
Gestational Carrier Agreement negotiated (with our guidance and advice) and signed
If applicable egg/sperm donor selected and agreement signed
IPs provide clear instructions to the clinic on embryo transfer protocols
Surrogate mother receives medical preparation and medication
Coordination of egg donor and surrogate for a Fresh Embryo Transfer
Throughout the pregnancy we are on call to discuss any issues of any nature that may arise
In the final month of pregnancy the doctor will advise a tentative delivery date
We assist you with your travel planning and preparation
Prior to birth the Illinois lawyers will assist you in obtaining a parentage declaration and birth certificate by completing certification forms
US Passport obtained and applications for IPs home country citizenship and passport lodged
We post here any practical or legal developments regarding surrogacy in Texas
In the past 7 years of dealing with international surrogacy clients I have recommended parenting orders for Australian IPs and explained how they are important when things go wrong. Although all my clients have obtained affidavits from their surrogates many have decided not to subsequently proceed with the Application for parenting orders. Today I learned […]
US citizenship and therefore a US passport for children born through surrogacy may be thrown into doubt. Apparently Trump is linking the issue to illegal immigration and considering an executive order to stop “birthright citizenship”. The USA is one of few countries that grant citizenship automatically to a child born on US soil. https://www.foxnews.com/politics/trump-says-he-plans-to-sign-executive-order-ending-birthright-citizenship
We have a significant number of Asian egg donors who are available to travel for egg collection in either surrogacy programs or your own IVF cycles. Our egg donors include Chinese, Thai, Vietnamese from a range of south-east Asian countries. They are able to commence their medication protocols in their home towns and travel as […]
International surrogacy is often an option of last resort for intending parents who have a medical or biological reason for being unable to access IVF in their own country. Sometimes it follows years of unsuccessful attempts at IVF, fertility treatments or even exploring adoption pathways. No matter the path that has brought IPs to consider […]
Our Recommended Partner in Texas
Surrogacy in the United States is well-developed, and there are many IVF clinics that provide surrogacy services. For the State of Texas we have decided to work with Dr. Robert Kaufmann and his team at Fort Worth Fertility in Fort Worth (“FWF”) because of the reputation of Dr Kaufmann, FWF’s pregnancy success rates and the broad scope of services they offer.
The center provides a broad range of state of the art medical services to optimize the chance of success. Its pregnancy success rates consistently rank among the highest in the country.
The Cost of Surrogacy in Texas
We have worked with the team of professionals in Fort Worth, Texas to come up with some very competitively priced packages for surrogacy in Texas. At Global Surrogacy we will discuss your particular circumstances with you and then provide you with a fixed total package price estimate set out in a spreadsheet that includes a payment schedule. The total price includes all fees payable to the surrogate, egg donors, lawyers, agencies and the Clinic and our fees.
The approximate total price for surrogacy in Texas is USD $140,000 if you use an egg donor or USD $130,000 if you use your own embryos. Working with our US team members we have come up with a mechanism to ship embryos into Texas.
There is a price list for optional additional services (eg: PGS) and contingencies (eg: twins). This basic package price includes 1 Fresh embryo transfer and unlimited subsequent frozen transfers from the firs egg donor cycle. A package price including unlimited egg donor retrievals and transfers is also available for an additional USD $12,000 approx.
THE TOTAL PRICE INCLUDES
Our payment schedule sets out the instalments by which each service provider is paid over the duration of your journey, it’s features are as follows:
Transparent and set out in a payment schedule.
Price schedule for additional services and contingency costs.
Packages available for greater certainty of total costs..
Cost effective health insurance.
An overview of Surrogacy Laws in Texas
The laws in respect of surrogacy in Texas are very supportive of surrogacy arrangements.
Surrogacy in Texas can be accessed by foreign IPs whether they be a married man and woman, married same-sex couple, single man or single woman. The law will recognize the IP or IPs as the parents of the child(ren) and only the names of the IPs will appear on the birth certificates. The children will also automatically, as a matter of law, attain US citizenship and are therefore entitled to a US passport.
In Texas the IPs will by law be the parents and appear on the birth certificate even if they have no genetic link to the child.
Egg splitting, whereby each of a gay couple fertilizes half the harvested eggs from an egg donor with the intention of transferring one embryo from each of them, is permitted in Texas.
Provided pre-birth order is obtained from the Courts prior to the birth of the child then a birth certificate reflecting the IPs names will be available within about 3-5 days of the birth of the child.
The relevant law in Texas is the Uniform Parentage Act Chapter 160 Texas Family Code (“UPA”)
Information about the Uniform Parentage Act
The Gestational Surrogacy Agreement must be signed by all parties 14 days prior to the embryo transfer.
The GC Agreement is validated by a Court making a pre-birth order confirming the validity of the Gestational Surrogacy Agreement and parentage of the child.
The child will be a US Citizen and obtain a US passport. It is strongly recommended that the child depart the USA on its US passport.
There is no difference in the law, as it applies to married heterosexual couples, in the State of Texas.
The birth certificates can list the names of one or both intended parents, regardless of gender or sexual orientation. The certificate is normally issued within 3 – 5 days of the child’s birth.