Texas Family Code

Sec. § 160.756
Hearing to Validate Gestational Agreement


A gestational agreement must be validated as provided by this section.


The court may validate a gestational agreement as provided by Subsection (c) only if the court finds that:


the parties have submitted to the jurisdiction of the court under the jurisdictional standards of this chapter;


the medical evidence provided shows that the intended mother is unable to carry a pregnancy to term and give birth to the child or is unable to carry the pregnancy to term and give birth to the child without unreasonable risk to her physical or mental health or to the health of the unborn child;


unless waived by the court, an agency or other person has conducted a home study of the intended parents and has determined that the intended parents meet the standards of fitness applicable to adoptive parents;


each party to the agreement has voluntarily entered into and understands the terms of the agreement;


the prospective gestational mother has had at least one previous pregnancy and delivery and carrying another pregnancy to term and giving birth to another child would not pose an unreasonable risk to the child’s health or the physical or mental health of the prospective gestational mother; and


the parties have adequately provided for which party is responsible for all reasonable health care expenses associated with the pregnancy, including providing for who is responsible for those expenses if the agreement is terminated.


If the court finds that the requirements of Subsection (b) are satisfied, the court may render an order validating the gestational agreement and declaring that the intended parents will be the parents of a child born under the agreement.


The court may validate the gestational agreement at the court’s discretion. The court’s determination of whether to validate the agreement is subject to review only for abuse of discretion.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.

Last accessed
Jun. 7, 2021