Traditional Surrogacy

Perhaps you’ve heard the term ‘surrogate mother’ before but never understood what it really meant. Traditional surrogacy is simply the means by which a husband and wife become the parents of a child who is carried and birthed by another woman, or a surrogate, after artificial insemination of the surrogate's eggs by the husband's semen.  The child is the genetic child of the husband and the surrogate.  Prior to proceeding forward in a traditional surrogacy, the parties enter into a contract that sets forth the rights, privileges, duties and obligations of each party to the arrangement, both during and after the pregnancy. 
 
In the State of Texas there is no statutory authorization or prohibition of these arrangements; however, it is doubtful that a traditional surrogacy contract would be enforced in Texas.  This means that the parties entering into these arrangements do so with the risk that should a surrogate deliver a child, and then decide not to execute the necessary affidavits to establish parentage in the wife, the Court would likely not compel her to do so in a breach of contract proceeding.  As a result of this uncertainty, most traditional surrogacies in Texas involve parties who are either related to one another, or parties who are very close friends.  For example, many traditional surrogacy arrangements involve a husband and wife contracting with the wife's sister, cousin or friend or a single man contracting with a close female friend as the surrogate.
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