What are the Surrogate Carrier Requirements in Texas?
In Texas, there are only three legal requirements to become a gestational carrier: 1) you must have carried a child to a live birth delivery at least once 2) you cannot use your own eggs in the surrogacy process and 3) you must be of age to contract- i.e. a minimum of 18 years in Texas. There are other industry standards, however, which are set forth by the medical industry and by other industry practices. For example, most IVF physicians require the following:
- The carrier must be between age 18 and 38 (up to age 40 if in excellent health)
- No more than 2-4 c-sections (this is largely determined by the specific IVF physician)
- Drug free and non-smoker
- No major complications in prior pregnancies
- The carrier candidate must be height weight proportionate, preferably with a BMI between 24 and 30.
Other industry standards which have evolved from the surrogacy agency and surrogacy legal industry in general are as follows:
- The carrier’s husband, if she is married, must be supportive of the surrogacy as he will be a party to the contract.
- It is preferable if the carrier has health insurance with no surrogacy exclusion as it is difficult and expensive to purchase health insurance on the open market unless through a group health plan.
- If the legal proceedings are to be in Texas, the carrier and her husband should be from Texas and plan to remain in Texas for the duration of the pregnancy.
- The Gestational Carrier and her husband if married or significant other cannot have any criminal record other than parking or traffic citations
How do I Become a Gestational Surrogate in Texas?
If you are interested in becoming a gestational carrier, my suggestion is to first see if you meet the basic requirements set out above. If you do and your husband is supportive (if you are married your husband will need to be a party to the Gestational Surrogacy Agreement which is entered into between the parties) then I would encourage you to research the surrogacy process and the compensation structure as all of these things will impact you and your family once you are a gestational carrier. If you would like to apply to be a gestational carrier or have other questions please contact Katrina Cassidy, P.C. and either submit an application or speak to someone regarding any questions you may have regarding becoming a gestational carrier.
