Texas Family Code

Sec. § 160.760
Parentage Under Validated Gestational Agreement


On the birth of a child to a gestational mother under a validated gestational agreement, the intended parents shall file a notice of the birth with the court not later than the 300th day after the date assisted reproduction occurred.


After receiving notice of the birth, the court shall render an order that:


confirms that the intended parents are the child’s parents;


requires the gestational mother to surrender the child to the intended parents, if necessary; and


requires the vital statistics unit to issue a birth certificate naming the intended parents as the child’s parents.


If a person alleges that a child born to a gestational mother did not result from assisted reproduction, the court shall order that scientifically accepted parentage testing be conducted to determine the child’s parentage.


If the intended parents fail to file the notice required by Subsection (a), the gestational mother or an appropriate state agency may file the notice required by that subsection. On a showing that an order validating the gestational agreement was rendered in accordance with Section 160.756 (Hearing to Validate Gestational Agreement), the court shall order that the intended parents are the child’s parents and are financially responsible for the child.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 22, eff. June 18, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.076, eff. April 2, 2015.

Last accessed
Jun. 7, 2021