Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

A: It's wonderful to hear about the support from your family. The complexities surrounding surrogacy, parental rights, and birth certificates would best be handled by consulting with a family law attorney in Houston who specializes in reproductive law. Here's a general outline of the steps you might take:

Consult a Houston Family Law Attorney: Your situation involves detailed legal agreements and potential court orders. An experienced family law attorney in Houston can help you understand Texas law as it applies to your specific circumstances and guide you through the necessary legal steps.

Surrogacy Agreement: A clear and comprehensive surrogacy agreement should be drafted to outline the rights, responsibilities, and expectations of all parties involved. A Houston attorney specializing in surrogacy can help draft this to ensure it complies with Texas law.

Pre-Birth Order: Texas law may allow for a pre-birth order, a legal document that establishes your parental rights and allows you and your husband to be listed on the birth certificate. Your Houston attorney can guide you through this process, making sure all legal requirements are met.

Medical Considerations: Proper medical and psychological evaluations and consents are necessary. Working closely with medical professionals who specialize in surrogacy is essential for the health and wellbeing of your sister-in-law, the baby, and all parties involved.

Adoption (if necessary): If additional legal protections are needed, your attorney can guide you through the adoption process according to Texas law.

While it is completely understandable that you wish to avoid the courts and agencies, it's essential to recognize that these legal steps are in place to protect all parties involved. Engaging a family law attorney in Houston who is familiar with surrogacy laws will ensure that you are following the necessary legal processes.

By doing so, you can help avoid any unforeseen legal complications at the hospital or later down the road. The right legal guidance will allow you to focus on the joy of expanding your family rather than worrying about potential legal issues.

A: In Texas, gestational surrogacy is permitted under the Texas Family Code.

Here are the key provisions that you should be aware of:

1. Gestational Agreement: The gestational agreement must be in place and validated by a court before the birth.

This agreement outlines the rights and responsibilities of each party involved, including the intended parents and the gestational carrier.

2. Requirements for Intended Parents: The intended parents must be married. However, it's worth noting that Texas courts have upheld and validated surrogacy agreements involving unmarried couples and single parents.

3. Residency Requirement: Either the surrogate or the intended parents must have resided in Texas for at least 90 days.

4. Independent Legal Counsel: Both the intended parents and the surrogate must have separate surrogacy attorneys throughout the execution of the contract. These attorneys will work to negotiate a contract that addresses the rights and responsibilities of each party. See also: https://surrogate.com/surrogacy-by-state/texas-surrogacy-laws/

It's important to consult with a Texas family lawyer who specializes in surrogacy to ensure that you navigate the legal process correctly and protect your rights and interests. They will be able to guide you through the specific requirements and steps involved in establishing a surrogacy agreement in Texas. Good luck!