Assisted Reproduction & Gestational Agreements

Whether you are looking to start a family through a surrogate or have questions about rights to your children born through assisted reproduction, our attorneys are here to help.

Assisted Reproduction & Gestational Agreements

Assisted reproduction offers a path to parenthood for many families. Assisted reproduction is defined under Texas law to include IVF, intrauterine insemination, and the donation of eggs and embryos. Families have many personal reasons for pursuing assisted reproduction. Assisted reproduction is an option for many LGBTQ families. [*LGBTQ]. Texas law also allows gestational agreements. The idea behind these agreements is that a woman will agree to become pregnant but give up her parental rights in favor of “intended parents.”

Because assisted reproduction can involve the use of a donor or a surrogate, Texas law defines which parties will have an ongoing legal relationship with the child. Having legal rights to a child can depend on whether the parties are married, what the parties sign, and whether they use a doctor to become pregnant.

The consequences of undergoing assisted reproduction without good legal advice can be devastating, especially for the person who thought they would have an ongoing relationship with the child. Our lawyers can provide advice on the legal requirements for such arrangements.

Contesting Parental Rights After Assisted Reproduction

When a divorce or separation occurs, there can be disagreement about which spouse or partner will have parental rights to a child conceived through assisted reproduction. This can be especially true for our LGBTQ clients. Although same-sex marriage is now legal in the United States, Texas law remains unsettled on whether both spouses will have rights to a child.

Our attorneys have experience assessing the legal rights parents may have and can guide you through the options available in your case.