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.

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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. We understand the complexities that arise when intended parents are involved, whether through gestational agreements, surrogacy agreements, or other forms of assisted reproduction. Our expertise extends to navigating the legal landscape surrounding gestational surrogacy agreements and ensuring that the legal parents are recognized as such.

In cases involving gestational surrogacy, the gestational carrier contract and gestational mother play crucial roles. We can help you understand the rights and responsibilities of each party involved, whether you are the intended parent, gestational carrier, or intended mother. Our goal is to establish a clear attorney-client relationship and provide guidance on all aspects of the process, from drafting the surrogacy agreement to securing the birth certificate for the child.

We also recognize the importance of addressing medical expenses and mental health considerations during this journey. Our attorneys are equipped to address these factors, ensuring that the best interests of the child and the well-being of all parties involved are protected.

No matter the legal status of the child, whether they are already born or still an unborn child, we are committed to advocating for your rights as intended parents. Our team is well-versed in the intricacies of the law surrounding assisted reproduction and can provide the guidance and support you need throughout the process. Contact us today to schedule a consultation with our experienced attorneys specializing in assisted reproduction and gestational surrogacy agreements.

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Questions about Gestational Agreements?

What is a gestational surrogacy arrangement?

A surrogate or gestationally transmitted mother may be someone not closely associated with the intended parent of the child that they carry. It can also be called IVF surrogacy, home surrogacy, or full surrogacy.

What is a preconception agreement?

Preconception agreements define your plans of having children in pregnancy or in the future. It helps in the thought process whether the donor will be part of the child. The agreements must reflect your love for the child and prevent further controversies in court.

What is the difference between a traditional and a gestational surrogate?

A surrogate is often induced into conceiving by sperm imbuing her with a father’s sperm. The mother-daughter cycle starts when the child is conceived in the IVF process. In lab fertilizations embryos can have uterine implants placed in the uterus.

What goes into a surrogacy contract?

Surrogacy contracts must have these elements in their main form: Establishment of intentions and rights and obligations of parent. Definition of intent, responsibilities and obligations of surrogates. Created trust accounts for payments to the surrogate.

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