Texas Family Code

Sec. § 160.759
Termination of Gestational Agreement


Before a prospective gestational mother becomes pregnant by means of assisted reproduction, the prospective gestational mother, her husband if she is married, or either intended parent may terminate a gestational agreement validated under Section 160.756 (Hearing to Validate Gestational Agreement) by giving written notice of the termination to each other party to the agreement.


A person who terminates a gestational agreement under Subsection (a) shall file notice of the termination with the court. A person having the duty to notify the court who does not notify the court of the termination of the agreement is subject to appropriate sanctions.


On receipt of the notice of termination, the court shall vacate the order rendered under Section 160.756 (Hearing to Validate Gestational Agreement) validating the gestational agreement.


A prospective gestational mother and her husband, if she is married, may not be liable to an intended parent for terminating a gestational agreement if the termination is in accordance with this section.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.

Last accessed
Jun. 7, 2021