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  • Writer's pictureLindsey B. Craft

A Legal Guide to Gestational Surrogacy

As the use of assisted reproduction continues to grow, so too has the need for legal guidance. Gestational surrogacy attorneys provide couples with the knowledge and expertise they need to navigate complex legal procedures. From negotiating and drafting initial gestational surrogacy agreements to filing Notices of Parentage, the gestational surrogacy attorneys at ML|MW can help you through the entire process.

What is Gestational Surrogacy?

Gestational surrogacy is a form of assisted reproductive technology (“ART”) in which an embryo created from in vitro fertilization (IVF) is implanted into a surrogate’s uterus. The surrogate, who is often referred to as the gestational carrier, then carries the pregnancy until delivery and gives birth to the child for intended parents who are unable to conceive or carry a pregnancy themselves. The legal rights of all parties involved must be carefully considered prior to initiating this process, as it is essential for everyone’s safety and security that all parties are legally protected throughout the entire process.

What are the Legal Requirements in Texas?

In Texas, gestational surrogacies require an enforceable written agreement between the intended parents, the gestational carrier, and, if applicable, her spouse. This agreement should include details such as medical expenses, compensation for time off work, handling certain events that may arise during the pregnancy, and the payment of attorney fees and any other costs associated with the pregnancy. It should also specify parental rights will be transferred from the gestational carrier and her spouse to the intended parents via a court-ordered parentage order signed by a judge. In addition, Texas law requires that the intended parents file a notice of the birth with the court no later than the 300th day after the date assisted reproduction occurred.

The Knowledgeable Team at ML|MW

At ML|MW, our experienced attorneys can guide you through every step of your gestational surrogacy journey – from drafting initial agreements to obtaining the Order Validating Gestational Agreement from the court – ensuring that your rights are fully protected throughout this special experience. Whether you’re looking for general advice on how everything works or need specific representation on certain aspects of your case, we can help! With years of experience navigating Texas law related to gestational surrogacy cases, our team offers comprehensive legal counsel tailored specifically for each unique situation. Our knowledgeable team can answer any questions you may have about what is required under Texas law and help make sure your legal rights are secure before signing any documents or proceeding with any further steps related to your case.

When it comes time to start your family through assisted reproduction methods like gestational surrogacy, having access to knowledgeable legal counsel can provide peace of mind during an already stressful time period. At ML|MW we understand how daunting this process can be, so we strive hard every day to provide expert advice and reliable guidance every step along your journey towards becoming new parents! If you’re looking for experienced lawyers who specialize in gestational surrogacy cases in Texas, then look no further than ML|MW. We are here for you.

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