Texas Sperm Donor, Surrogacy and Adoption Laws

Texas Sperm Donor, Surrogacy and Adoption Laws

 
0.0 (0)
Write Review

Texas laws regarding same-sex marriage, sperm donation, surrogacy and same-sex adoptionWikimedia Commons

Sperm Donation and Paternity

If a married woman receives sperm from a donor, the donor is not considered the father. The husband is considered the father as long as he consents to the donation or he treats the child as his own.

If an unmarried woman receives sperm from an unmarried donor, the donor is considered the father if he tells a licensed physician that he intends to be the father and both the woman and the donor sign a statement agreeing with this. The physician must keep the statement on record. If the donor does not intend to be the father, then the child has no father.

FAMILY CODE CHAPTER 160 SUBCHAPTER H. CHILD OF ASSISTED REPRODUCTION

Sec. 160.702. PARENTAL STATUS OF DONOR. A donor is not a parent of a child conceived by means of assisted reproduction

Sec. 160.703. HUSBAND'S PATERNITY OF CHILD OF ASSISTED REPRODUCTION. If a husband provides sperm for or consents to assisted reproduction by his wife as provided by Section 160.704, he is the father of a resulting child.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.

Sec. 160.7031. UNMARRIED MAN'S PATERNITY OF CHILD OF ASSISTED REPRODUCTION.

(a) If an unmarried man, with the intent to be the father of a resulting child, provides to a licensed physician and consents to the use of that for assisted reproduction by an unmarried woman, he is the father of a resulting child.

(b) Consent by an unmarried man who intends to be the father of a resulting child in accordance with this section must be in a record signed by the man and the unmarried woman and kept by a licensed physician.
Added by Acts 2007, 80th Leg., R.S., Ch. 972, Sec. 40, eff. September 1, 2007.

Sec. 160.704. CONSENT TO ASSISTED REPRODUCTION.

(a) Consent by a married woman to assisted reproduction must be in a record signed by the woman and her husband and kept by a licensed physician. This requirement does not apply to the of eggs by a married woman for assisted reproduction by another woman.

(b) Failure by the husband to sign a consent required by Subsection (a) before or after the birth of the child does not preclude a finding that the husband is the father of a child born to his wife if the wife and husband openly treated the child as their own.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.

Amended by: Acts 2007, 80th Leg., R.S., Ch. 972, Sec. 41, eff. September 1, 2007.

Surrogacy

Texas allows only married couples to enter into surrogacy agreements. Because Texas does not recognize same sex marriage, this means that same sex couples cannot do so.

If the surrogate mother is married, her husband must agree to the surrogacy.

The eggs cannot come from the surrogate. They must come either from the intended mother or from a separate donor.

Conception must be by artificial insemination, not sexual intercourse.

FAMILY CODE SECTION 160 SUBCHAPTER I. GESTATIONAL AGREEMENTS

Sec. 160.754. GESTATIONAL AGREEMENT AUTHORIZED.

(a) A prospective gestational mother, her husband if she is married, each donor, and each intended parent may enter into a written agreement providing that:
(1) the prospective gestational mother agrees to pregnancy by means of assisted reproduction;
(2) the prospective gestational mother, her husband if she is married, and each donor other than the intended parents, if applicable, relinquish all parental rights and duties with respect to a child conceived through assisted reproduction;
(3) the intended parents will be the parents of the child; and
(4) the gestational mother and each intended parent agree to exchange throughout the period covered by the agreement all relevant information regarding the health of the gestational mother and each intended parent.

(b) The intended parents must be married to each other. Each intended parent must be a party to the gestational agreement.

(c) The gestational agreement must require that the eggs used in the assisted reproduction procedure be retrieved from an intended parent or a donor. The gestational mother's eggs may not be used in the assisted reproduction procedure.

Adoption

Texas allows same sex adoption. However, only one of the parents can be listed on the birth certificate.

HEALTH AND SAFETY CHAPTER 192 BIRTH RECORDS

Sec. 192.008. BIRTH RECORDS OF ADOPTED PERSON.

(a) The supplementary birth certificate of an adopted child must be in the names of the adoptive parents, one of whom must be a female, named as the mother, and the other of whom must be a male, named as the father. This subsection does not prohibit a single individual, male or female, from adopting a child. Copies of the child's birth certificates or birth records may not disclose that the child is adopted.

User reviews

There are no user reviews for this listing.
To write a review please register or

Stats

Users
43750
Articles
93

Find us on

Copyright © 2012-2017 Known Donor Registry®, All Rights Reserved.    SSL    Google+