Texas

PRE BIRTH OR POST BIRTH ORDER

Pre-birth and post-birth orders required.

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment is issued within 2-3 weeks of filing.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes.


Birth Certificates

Timing - Varies by county, but the typical time frame is 2-4 weeks.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

Gestational Surrogacy is permitted by statute, Texas by Tex. Fam. Code§ 160-751 through § 160-763.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. Tex. Fam. Code§ 160.702 states "A donor is not a parent of a child conceived by means of assisted reproduction."

 
 

Venue

County of the child's birthplace, county of the Intended Parent's residence, county of the Gestational Surrogate’s residence, county where the surrogacy agreement was executed, or county where the medical procedures pursuant to the surrogacy agreement are performed.

Do results vary by venue?  No, but there are procedural variations.

Are motions to waive venue accepted?  No


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations or electronic signatures and electronic notarizations are accepted.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes, if the Intended Parents are married.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.