How to Become a Surrogate in Texas

Texas surrogacy at a glance

Texas has a clear legal framework, a lot of fertility clinics, and a large, long-running surrogate community. Compared with California, four things are different:

• A judge validates your agreement first. Texas is one of a handful of states (with Virginia, Utah, New Hampshire, and Oklahoma) where a court reviews and validates the gestational agreement before the embryo transfer. An agreement that isn't validated isn't illegal, but it isn't enforceable either (§160.762).
• Married intended parents under the statute. Chapter 160's validation route is written for intended parents who are married to each other (§160.754(b)). Unmarried and single intended parents use other legal paths — more on that below.
• A 90-day residency rule. For the court to validate, either an intended parent or you must have lived in Texas for at least 90 days (§160.756(b)(1)).
• No state income tax. A $73,000 total with no state tax goes further than a bigger number in a high-tax state.

Texas surrogate requirements

Most of what an agency checks is the same in every state; the full surrogate requirements guide explains why each item exists. Texas adds two that come straight from the statute:

• Age 21–39 for a first journeyAgency policy, not state law — Chapter 160 sets no minimum age. Some agencies extend to 42 for experienced surrogates.
• BMI under 32Clinic decision; a few accept up to 34.
• At least one prior pregnancy and deliveryThis one is in the statute: §160.756(b) requires it before a court will validate.
• Raising at least one child of your own
• Non-smoker, no drug use, no alcohol misuse
• Financially stable — not currently receiving cash public assistance (TANF)
• If you're married, your spouse signs too§160.754(a) makes the gestational mother's husband a party to the agreement. He'll meet your attorney and sign.
• 90 days of Texas residency — yours or the intended parents'§160.756(b)(1). If you've just moved, the clock may not have run yet. If the intended parents have lived here 90 days, that satisfies it.
• A partner, family member, or friend who backs your decision

Texas surrogacy law at a glance

The Texas court validation process

Before any embryo transfer, a Texas court validates your gestational agreement. It's a routine family-law matter, but it's the part of a Texas journey that people worry about most, so here's exactly what happens:

1. Contract is drafted and signed by you (and your spouse if you're married) and the intended parents. Each side has their own attorney, paid by the intended parents.
2. Petition to validate is filed (§160.755) in a district court, usually in the county where the intended parents live or where you live.
3. The judge reviews the agreement against §160.756(b). See "What the judge actually checks" below.
4. Validation order is signed. Timing depends on the court's docket. Metro counties that see these regularly often move faster; a small county where it's the judge's first may take longer. Your attorney will know the local pace — plan for several weeks.
5. Transfer goes ahead once the order is in hand.
6. After birth, the intended parents file a notice of birth within 300 days, and the court issues an order confirming they're the parents and directing the birth certificate (§160.760). That step is theirs, not yours.

What the judge actually checks

§160.756(b) lists what the court needs to find before it validates. Here it is in plain language:

• An intended parent or the gestational mother has lived in Texas for at least 90 days.
• The intended parents are married to each other.
• There's medical evidence the intended mother can't carry a pregnancy, or carrying one would put her or the baby at unreasonable risk.
• Your own eggs aren't being used — this is gestational surrogacy only.
• You've had at least one prior pregnancy and delivery, and another pregnancy won't put you or the baby at unreasonable risk.
• The agreement doesn't limit your right to make your own health-care decisions during the pregnancy.
• Everyone had their own lawyer.

Two things people expect to see on that list aren't there. There's no minimum age in the statute — 21+ is agency policy. And the judge isn't grading you as a person; the review is about whether the agreement meets the statute.

If the intended parents aren't married

Chapter 160's validation route is only available to intended parents who are married to each other. Single intended parents and unmarried couples still pursue surrogacy in Texas, but through other legal mechanisms — parentage actions, adoption steps, or a combination — that vary by county and by the family's situation. Those paths don't give you the same up-front court validation, so the contract itself does more of the work. Have a Texas attorney explain the plan before you match, and ask how your compensation is protected under it. Simple Surrogacy has handled both kinds of matches and can lay out the options.

Your Texas partner agency

Simple Surrogacy (Dallas, founded 2002) is our Texas partner. The agency says about 70% of its active surrogates are in Texas, so its coordinators work with Texas clinics and Texas courts every week. It is woman-owned, was founded by a three-time surrogate, and says most of its intended parents are LGBTQ+ couples.

Texas surrogate compensation

Two numbers, and they're different. Base pay is guaranteed and paid in installments once you're pregnant. Typical total adds allowances and contingent fees that only pay if something happens — a transfer attempt, a C-section, twins, bed rest. Here's Texas against the national partner range:

See how Texas compares to every state, and how a package is built for what each line means.

Texas tax advantage

Texas has no personal income tax, so none of your compensation goes to the state. Federal tax still applies to the taxable part, and nobody withholds it for you — set aside a share of every payment and talk to a CPA who has handled surrogacy pay. Our surrogate taxes guide covers what's usually taxable and what usually isn't.

Where Texas surrogates live

• Dallas–Fort Worth. Simple Surrogacy's home base and, by the agency's account, its largest surrogate community. Plenty of clinics, so monitoring is usually local.
• Houston. The biggest concentration of fertility clinics in the state and a lot of intended-parent activity. Harris County courts see validation petitions regularly.
• Austin. A growing market with several clinics. Travis County is a common filing venue.
• San Antonio. Active surrogate community with agency coverage and local clinic options.
• Everywhere else. You can be a surrogate from East Texas, the Panhandle, or the Valley. Expect some travel for screening and transfer (paid), and ask your attorney whether to file in your county or the intended parents'.

Fertility clinics in Texas

The intended parents' clinic is where your screening and transfer happen; you don't choose it. Established Texas clinics that work with gestational carriers include the Center for Assisted Reproduction (Bedford, Dallas–Fort Worth), Texas Fertility Center (Austin), Houston Fertility Institute, Aspire Fertility (Houston, Austin, San Antonio), and Fertility Specialists of Texas (Dallas). Ask the agency which clinics they work with most and how far you'd travel for monitoring.

Typical Texas timeline

1. Months 0–3

   Application and screening

   Application, records, background check, medical and psychological screening. Two to three months.

2. Months 3–5

   Matching

   One to three months. Simple Surrogacy's Texas pool tends to make this quicker.

3. Months 5–8

   Contract and court validation

   Six to twelve weeks all in — contract, then the validation petition. This is the step that makes Texas longer than California.

4. Months 8–10

   Medications and transfer

   One to two months. Often more than one attempt; each pays a transfer fee.

5. Months 10–19

   Pregnancy

   Base pay in installments after a positive test. No mid-pregnancy court filing — that was done up front.

6. +1–2 months

   Delivery and postpartum

   Final payment, recovery. The intended parents handle the post-birth court order.

Total: roughly 16–20 months for a first journey, 14–16 for an experienced surrogate. The validation step adds several weeks up front compared with California, but there's no legal work left for mid-pregnancy.

What Texas surrogates wish they'd known

• The court step is paperwork, not a trial. Most surrogates never set foot in a courtroom. Your attorney files; the judge reviews; an order gets signed.
• Your spouse is part of this legally. If you're married, he signs the agreement and is a party to the petition. Bring him into the conversation early.
• Federal tax is still real. No state tax feels like a raise, right up until April. Set money aside from every payment.
• Base pay varies with insurance. Simple Surrogacy's $58,000–$63,000 range depends partly on whether your own health plan can be used. Ask where you'd land before you match.
• You should never be out of pocket. All four partner agencies report $0 out-of-pocket for approved expenses. If a bill lands on you, call your coordinator the same day.

Frequently asked questions