Texas Family Code

Sec. § 160.762
Effect of Gestational Agreement That Is Not Validated


(a)

A gestational agreement that is not validated as provided by this subchapter is unenforceable, regardless of whether the agreement is in a record.

(b)

The parent-child relationship of a child born under a gestational agreement that is not validated as provided by this subchapter is determined as otherwise provided by this chapter.

(c)

A party to a gestational agreement that is not validated as provided by this subchapter who is an intended parent under the agreement may be held liable for the support of a child born under the agreement, even if the agreement is otherwise unenforceable.

(d)

The court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this section. Attorney’s fees awarded by the court may be paid directly to the attorney. An attorney who is awarded attorney’s fees may enforce the order in the attorney’s own name.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
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Last accessed
Jun. 7, 2021