San Antonio, TX
Location checked Gestational-carrier servicesSART memberCDC 2022: 1,482 ART cycles
Google Business Profile 4.6/5 as of May 30, 2026 · 3 references checked.
State law route
Texas surrogacy laws and planning route
Gestational Surrogacy is permitted in Texas by Tex. Fam. Code§ 160-751 through § 160-763 which authorizes Gestational Surrogacy for married Intended Parents who follow the procedures specified in the ... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Moderate state posture
Last updated October 8, 2025 Organization-reviewed
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
On this page
What to confirm next
Before acting on Texas surrogacy law
Use this page to decide who should own the next step — your attorney, clinic, or coordinator.
Independent reproductive attorney
What must counsel confirm?
Confirm the Texas parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryClinic and screening team
What must the clinic confirm?
Confirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsPatriot coordination
What should be routed next?
Map state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the Texas route needs a backup jurisdiction.
Talk to our teamBefore you proceed
✓ Review Texas parentage order requirements with your attorney.
✓ Confirm your gestational carrier agreement complies with current statutes.
✓ Align medical clinic milestones with legal filing timelines to prevent delays.
Legal summary
The Texas law, section by section
Category
Moderate
Gestational Surrogacy
Permitted under Texas law (Tex. Fam. Code §§ 160.751-160.763). Agreements must be validated by a court before embryo transfer.
Traditional Surrogacy
Treated like adoption—all proceedings occur post-birth.
Pre-Birth Parentage Orders
Yes, courts can issue them if done according to the statutory validation procedure.
- For married heterosexual couples using their own egg & sperm: both intended parents can be declared legal parents.
- For married couples using a donor (one or both not genetically related): allowed.
- For unmarried couples (own gametes or donor): some courts may grant, even though the statute mentions married couples.
- If no intended parent is genetically related: married couples: allowed; unmarried or same-sex couples: if married; single: some courts may allow.
Venue
Venue bases include the carrier’s county, intended parents’ county, child’s birth county, or any county all parties agree to. Results can vary by venue. A hearing is often required; some courts require the parties to appear, but others do not. A pre-birth order is not allowed if no party lives in Texas (even if the carrier will deliver in Texas).
Same-Sex Couples
If married, both parents can be named on the birth certificate and may choose labels like Parent & Parent or Father & Father. If unmarried, only the biological parent is listed on the birth certificate. International same-sex male couples can get an initial birth certificate naming the biological father and gestational carrier. They can later obtain a birth certificate naming only the biological father or both fathers (no mention of the carrier). A non-biological parent can obtain second-parent adoption if married, even if neither intended parent lives in Texas. Texas Vital Records will honor a second-parent adoption order from another state and add the second parent to the birth certificate.
Birth Certificate Timing
Per Texas procedures
Adoption Options
Yes, courts grant these for heterosexual couples. They generally require marriage, though some limited exceptions exist. Same-sex couples can also obtain second-parent or stepparent adoptions, but again marriage is usually required with limited exceptions.
Primary source
Texas source used for this summary
This summary is based on the primary source listed for Texas. Confirm your situation with a reproductive attorney licensed in that state.
SourceTexas Constitution and Statutes: Family Code Chapter 160, Subchapter I
Legislation · Accessed May 31, 2026
Partner with our legal network
We coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
✓Attorney-matched guidance for intended parents, carriers, and donors.
✓Jurisdiction-specific contract language aligned with recent case law.
✓Coordination with clinics to secure parentage orders without delays.
Clinic layer
Fertility clinics in Texas
The law sets the parentage route. The clinic sets medical clearance, transfer timing, and monitoring — so both calendars have to be planned together. These are public Atlas profiles, not recommendations.
19 Texas clinic profiles
Dallas, TX
Location checked Gestational-carrier servicesSART memberCDC 2022: 624 ART cycles
Google Business Profile 4/5 as of May 30, 2026 · 3 references checked.
The Woodlands, TX · Houston
Location checked Gestational-carrier servicesSART memberCDC 2022: 425 ART cycles
Google Business Profile 4.5/5 as of May 30, 2026 · 3 references checked.
Location checked Gestational-carrier servicesSART memberCDC 2022: 818 ART cycles
Google Business Profile 4.1/5 as of May 30, 2026 · 3 references checked.
Location checked Gestational-carrier servicesCDC 2022: 128 ART cycles
Google Business Profile 4.4/5 as of May 30, 2026 · 3 references checked.
Location checked
Google Business Profile 4.9/5 as of May 30, 2026 · 2 references checked.
Showing 1–6 of 19 published Texas clinic profiles, ordered by how complete each public record is.
Atlas clinic facts reviewed June 2, 2026. Patriot does not rank or endorse clinics — each profile links to its own public sources and a correction path. Confirm screening, transfer timing, and carrier requirements with the clinic directly.
Funds custody
How escrow works in Texas
In Texas, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
✓IOLTA-ready escrow, AES-256 encryption, full audit trail.
✓SOC 2 practices.
✓99.98% receipt match rate, 2-second average payout.
Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
Stay confident in your chosen destination. See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Need legal guidance?
Surrogacy laws are complex and vary by state. Our team collaborates with experienced reproductive law attorneys across the country to ensure your journey remains legally sound and fully protected.
Become a SurrogateLearn + resources
Planning surrogacy in Texas?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.
Talk with a reproductive attorney licensed in Texas before you act on any detail here.
State law route
Texas surrogacy laws and planning route
Gestational Surrogacy is permitted in Texas by Tex. Fam. Code§ 160-751 through § 160-763 which authorizes Gestational Surrogacy for married Intended Parents who follow the procedures specified in the ... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Moderate state posture
Last updated October 8, 2025 Organization-reviewed
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
State snapshot
- Legal Status
- Gestational surrogacy permitted under Texas Family Code §§ 160.751-160.763 for qualifying gestational agreements.
- Pre-Birth Orders
- Available
- Compensated Surrogacy
- Permitted
- Residency Requirement
- Required
What to confirm next
Before acting on Texas surrogacy law
Use this page to decide who should own the next step — your attorney, clinic, or coordinator.
Independent reproductive attorney
What must counsel confirm?
Confirm the Texas parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryClinic and screening team
What must the clinic confirm?
Confirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsPatriot coordination
What should be routed next?
Map state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the Texas route needs a backup jurisdiction.
Talk to our teamBefore you proceed
✓ Review Texas parentage order requirements with your attorney.
✓ Confirm your gestational carrier agreement complies with current statutes.
✓ Align medical clinic milestones with legal filing timelines to prevent delays.
Legal summary
The Texas law, section by section
Category
Moderate
Gestational Surrogacy
Permitted under Texas law (Tex. Fam. Code §§ 160.751-160.763). Agreements must be validated by a court before embryo transfer.
Traditional Surrogacy
Treated like adoption—all proceedings occur post-birth.
Pre-Birth Parentage Orders
Yes, courts can issue them if done according to the statutory validation procedure.
- For married heterosexual couples using their own egg & sperm: both intended parents can be declared legal parents.
- For married couples using a donor (one or both not genetically related): allowed.
- For unmarried couples (own gametes or donor): some courts may grant, even though the statute mentions married couples.
- If no intended parent is genetically related: married couples: allowed; unmarried or same-sex couples: if married; single: some courts may allow.
Venue
Venue bases include the carrier’s county, intended parents’ county, child’s birth county, or any county all parties agree to. Results can vary by venue. A hearing is often required; some courts require the parties to appear, but others do not. A pre-birth order is not allowed if no party lives in Texas (even if the carrier will deliver in Texas).
Same-Sex Couples
If married, both parents can be named on the birth certificate and may choose labels like Parent & Parent or Father & Father. If unmarried, only the biological parent is listed on the birth certificate. International same-sex male couples can get an initial birth certificate naming the biological father and gestational carrier. They can later obtain a birth certificate naming only the biological father or both fathers (no mention of the carrier). A non-biological parent can obtain second-parent adoption if married, even if neither intended parent lives in Texas. Texas Vital Records will honor a second-parent adoption order from another state and add the second parent to the birth certificate.
Birth Certificate Timing
Per Texas procedures
Adoption Options
Yes, courts grant these for heterosexual couples. They generally require marriage, though some limited exceptions exist. Same-sex couples can also obtain second-parent or stepparent adoptions, but again marriage is usually required with limited exceptions.
Primary source
Texas source used for this summary
Based on the primary source listed for Texas. Confirm your situation with a reproductive attorney licensed in that state.
Source Texas Constitution and Statutes: Family Code Chapter 160, Subchapter ILegislation · Accessed May 31, 2026
Partner with our legal network
We coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
✓Attorney-matched guidance for intended parents, carriers, and donors.
✓Jurisdiction-specific contract language aligned with recent case law.
✓Coordination with clinics to secure parentage orders without delays.
Clinic layer
Fertility clinics in Texas
The law sets the parentage route. The clinic sets medical clearance, transfer timing, and monitoring — so both calendars have to be planned together. These are public Atlas profiles, not recommendations.
19
Texas clinic profiles
Aspire Fertility - San Antonio (Prelude Network clinic)
San Antonio, TX
Location checked Gestational-carrier servicesSART memberCDC 2022: 1,482 ART cycles
Google Business Profile 4.6/5 as of May 30, 2026 · 3 references checked.
Conceive Fertility Center
Dallas, TX
Location checked Gestational-carrier servicesSART memberCDC 2022: 624 ART cycles
Google Business Profile 4/5 as of May 30, 2026 · 3 references checked.
HART Fertility Clinic (FKA North Houston Center for Reproductive Medicine)
The Woodlands, TX · Houston
Location checked Gestational-carrier servicesSART memberCDC 2022: 425 ART cycles
Google Business Profile 4.5/5 as of May 30, 2026 · 3 references checked.
Location checked Gestational-carrier servicesSART memberCDC 2022: 818 ART cycles
Google Business Profile 4.1/5 as of May 30, 2026 · 3 references checked.
Location checked Gestational-carrier servicesCDC 2022: 128 ART cycles
Google Business Profile 4.4/5 as of May 30, 2026 · 3 references checked.
Location checked
Google Business Profile 4.9/5 as of May 30, 2026 · 2 references checked.
Showing 1–6 of 19 published Texas clinic profiles, ordered by how complete each public record is.
Atlas clinic facts reviewed June 2, 2026. Patriot does not rank or endorse clinics — each profile links to its own public sources and a correction path. Confirm screening, transfer timing, and carrier requirements with the clinic directly.
Funds custody
How escrow works in Texas
In Texas, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
✓IOLTA-ready escrow, AES-256 encryption, full audit trail.
✓SOC 2 practices.
✓99.98% receipt match rate, 2-second average payout.
Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Learn + Resources
Planning surrogacy in Texas?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.