Dallas Assisted Reproduction & Surrogacy Attorney
Texas is one of the most surrogacy-friendly states. Chapter 160 of the Texas Family Code, Subchapter I, allows enforceable gestational agreements when the intended parents are married, an unmarried person meets the statutory criteria, the gestational mother has previously given birth, and the agreement is validated by a Texas district court BEFORE any embryo transfer. Garcia-Windsor, P.C. drafts, validates, and finalizes assisted-reproduction agreements for Dallas families.
How Texas Law Governs Assisted Reproduction
The Texas Uniform Parentage Act (Chapter 160) governs assisted reproduction. It defines who is a legal parent of a child conceived by assisted reproduction, and — critically — provides an enforceable path for gestational surrogacy through court-validated gestational agreements.
Under §160.754, a gestational agreement must be in writing, executed by the gestational mother, her husband (if any), each donor, and each intended parent. The intended parents must be married to each other (or a single individual who meets §160.755(a) criteria). The gestational mother must have previously given birth to at least one child.
Under §160.756, the intended parents must file a petition to validate the gestational agreement in a Texas district court BEFORE any embryo transfer. The court must find, among other things, that the intended parents have the ability to support the child, and a home study has been completed.
Gestational Surrogacy in Practice
A validated gestational agreement lets the intended parents be named on the child's original birth certificate — no adoption is required. Under §160.759, the intended parents are considered the child's legal parents from birth.
For same-sex couples, a validated gestational agreement is the cleanest path to establishing both intended parents as legal parents from birth. Isabela handles same-sex family formation as a core part of our practice.
Cross-border considerations: some countries do not recognize U.S. gestational agreements. Intended parents from abroad — or with plans to relocate — should coordinate the Texas legal work with a family lawyer in the destination jurisdiction.
Our Bilingual Approach at Garcia-Windsor, P.C.
At Garcia-Windsor, P.C., every assisted reproduction case is led personally by founding attorney Isabela A. Garcia. Isabela is Board of Legal Specialization-eligible family law counsel, a Super Lawyers Rising Star for family law in Dallas, and one of the Top 50 Women Leaders in Texas. She serves as the exclusive consulting attorney for the Mexican Consulate General of Dallas through the PALE program (Programa de Asistencia Jurídica a Personas Mexicanas).
We are fully bilingual — English and Spanish — from the first phone call through the final decree. That matters when a spouse, child, or key document lives on the other side of the border. Our office is in the Bishop Arts District at 1015 N Bishop Ave, Dallas, TX 75208; consultations are free and we respond to every inquiry within one business day.
We represent clients across Dallas County, Tarrant County, Collin County, Denton County, Ellis County, Kaufman County, and Rockwall County and appear regularly in the 254th, 255th, 256th, 301st, 302nd, 303rd, 304th, and 305th Judicial District Courts of Dallas County, filed through the Dallas County District Clerk at the George Allen Sr. Courts Building, 600 Commerce Street, Dallas, TX 75202.
Egg, Sperm, and Embryo Donation
Under §160.702, a donor of eggs or sperm to a licensed physician for use in assisted reproduction is not a parent of the resulting child. Written agreements between donors and intended parents are standard practice and eliminate any ambiguity.
Embryo donation — the transfer of embryos created by one couple to another — is treated similarly. The donor couple is not a parent of the child; the recipient(s) are. Written agreements cover disposition, confidentiality, and future-contact preferences.
Practical tip: agreements executed after a treatment cycle has begun can still be enforceable but carry more risk than agreements executed and signed before any transfer. Front-load the paperwork.
Same-Sex Family Formation
Since Obergefell v. Hodges (2015), same-sex couples in Texas have the same statutory rights to marry, divorce, and — through assisted reproduction — form families. Chapter 160 applies identically to same-sex married couples.
For same-sex couples using donor material and a gestational carrier, a validated Chapter 160 gestational agreement is the cleanest legal foundation. For same-sex couples where one partner is the biological gestational mother, a second-parent adoption or an Acknowledgment of Parentage (§160.301) is typically the right approach — the specifics depend on how the child was conceived.
Even after Obergefell, cross-jurisdiction recognition can be uncertain in some contexts. Belt-and-suspenders — validating parentage through both a Texas order and (where applicable) an adoption — is a common precaution.
When to Call an Assisted-Reproduction Attorney
Call BEFORE the embryo transfer. Under §160.756, the gestational agreement must be validated by a Texas court before any transfer. Skipping that step means the intended parents may have to adopt the resulting child rather than being named on the birth certificate.
Call at the beginning of the process — not after donor selection or clinic contracting. Getting the paperwork right at the front prevents expensive corrections later.
Consultations are free and confidential. Call 214-466-6699.
Frequently Asked Questions
Is surrogacy legal in Texas?
Yes. Chapter 160, Subchapter I permits enforceable gestational agreements. Texas is one of the most surrogacy-friendly states in the U.S.
Do the intended parents need to be married?
The default under §160.754 assumes married intended parents. Single individuals who meet §160.755 criteria may also qualify.
Does the gestational agreement have to be court-validated?
Yes, before the embryo transfer. Validation is what allows the intended parents to be named on the child's original birth certificate without adoption (§160.759).
Do I need a home study for a gestational agreement?
Yes. §160.756(c) requires a home study of the intended parents as part of the validation process.
Are egg and sperm donors legal parents?
No. Under §160.702, a donor of eggs or sperm to a licensed physician for assisted reproduction is not a parent of the resulting child.
Do same-sex couples have the same rights?
Yes. Chapter 160 applies identically to same-sex married couples.
What if we use an out-of-state surrogate?
The law of the state where the child is born may govern parentage. Advance coordination between Texas counsel and counsel in the birth state is essential.
How much does a gestational agreement cost?
Legal fees for drafting and validating a gestational agreement in Texas typically run in the low-to-mid five figures. Medical and agency costs are separate. We provide a written scope after the free consultation.
Meet Your Attorneys
Every assisted reproduction case at Garcia-Windsor, P.C. is led personally by founding attorney Isabela A. Garcia, with support from Andrew Jee. Both attorneys work with English- and Spanish-speaking families across the Dallas Metroplex.
Ready to discuss your assisted reproduction case?
Call our Dallas office at 214-466-6699 or request a free consultation online.