Family planning is deeply personal, but when third parties such as gestational carriers or sperm donors are involved, the legal process becomes significantly more complex. Whether you are intending parents, a gestational surrogate, or a sperm donor, having properly drafted legal agreements is essential to protecting your rights and ensuring that everyone involved understands their roles. Continue reading and reach out to the knowledgeable and compassionate Houston gestational agreement & sperm donor agreement lawyers here at Gonzalez Law Group for an initial consultation today.
Gestational Agreement & Sperm Donor Agreement Lawyers Serving Texas
At Gonzalez Law Group, we help clients throughout the Houston area with the various complex legal requirements surrounding assisted reproduction. Our Houston family law attorneys are experienced in drafting, reviewing, and enforcing gestational agreements and sperm donor agreements in accordance with the law, and we stand ready to effectively guide you through each step of the process ahead.
What is a Gestational Agreement?
A gestational agreement is a legally binding contract between intended parents and a gestational carrier. Under Texas law, the gestational carrier agrees to carry a pregnancy for the intended parents, who will be recognized as the legal parents of the child. The carrier has no genetic link to the child because the embryo is created using the egg and sperm of the intended parents or donors. In Texas, gestational agreements are governed by Texas Family Code Chapter 160, Subchapter H. To be enforceable, the agreement must meet specific statutory requirements. These include the following:
- All parties must voluntarily enter into the agreement.
- The intended parents must be married to each other.
- At least one intended parent must contribute genetic material to the embryo.
- The agreement must be executed before any medical procedures are initiated.
- The gestational carrier must have previously given birth to at least one child and must undergo both medical and psychological evaluations.
- The agreement must be validated by a Texas court.
Validation is a critical step that many people overlook. Without a court-validated gestational agreement, the intended parents may not be automatically recognized as the legal parents of the child. In that situation, the gestational carrier could be considered the legal mother, regardless of genetic connection.
The agreement itself should include provisions addressing compensation, medical decisions, custody arrangements in the event of a dispute, and other contingencies such as miscarriage or birth complications. It should also make clear that the gestational carrier relinquishes all parental rights after the child’s birth.
Texas is generally considered a surrogacy-friendly state, but even so, failing to comply with the statutory requirements can invalidate an agreement. That is why it is essential to have an experienced attorney draft and review your documents, then assist with the court validation process.
What is a Sperm Donor Agreement?
A sperm donor agreement is a legal contract between a sperm donor and the intended recipient or couple that outlines the donor’s role in the conception process and clarifies the legal parental rights (or lack thereof) following the child’s birth. These agreements are especially important when the donor is known to the recipients and not anonymous.
Under Texas Family Code §160.702, a sperm donor is not considered the legal father of a child conceived through assisted reproduction, as long as the procedure takes place with the written consent of both the donor and the intended parents, and is carried out under the supervision of a licensed physician.
However, problems can arise when these conditions are not strictly met. For example, informal arrangements without a formal agreement or medical oversight can lead to unintended legal consequences. A sperm donor might later attempt to assert parental rights, or a child support claim might be brought against the donor if the agreement is deemed invalid or ambiguous. To avoid these complications, a sperm donor agreement should address the following:
- Clear statement of the donor’s lack of parental rights and obligations.
- Affirmation that the procedure will be conducted under the care of a licensed physician.
- Consent of all parties in writing.
- Agreement on future contact between the donor and the child, if any.
- Confidentiality provisions to protect everyone’s privacy.
In the absence of a solid legal agreement, Texas courts may look to intent and conduct, which could result in outcomes that no one anticipated. Therefore, if you are planning to conceive a child with the help of a known sperm donor, it is essential to consult with a knowledgeable family law attorney before proceeding.
How Can Gonzalez Law Help With These Agreements?
The Gonzalez Law Group provides comprehensive legal support for individuals and families pursuing non-traditional paths to parenthood. Whether you are entering into a gestational surrogacy arrangement or working with a sperm donor, our attorneys can help ensure that your legal interests are fully protected from the beginning. Here are just some of the ways in which we can assist you:
- Drafting Custom Agreements: We prepare legally sound contracts that comply with Texas statutes and reflect your unique needs.
- Court Validation: For gestational agreements, we handle the court validation process from start to finish, so you are legally recognized as the child’s parents.
- Reviewing and Advising: If you have been presented with an agreement by another party, we can review the document, explain your rights and obligations, and propose necessary revisions.
- Dispute Resolution: In the rare case that a disagreement arises after the agreement is in place, we are prepared to advocate on your behalf through negotiation or litigation.
Here at Gonzalez Law Group, we understand that these legal matters are not just transactional; they are deeply personal, which is why we approach each case with care, discretion, and a commitment to protecting what matters most to you.
Contact Our Houston Family Lawyers Today
If you are considering a gestational agreement or sperm donor agreement in Houston or anywhere in Texas, do not leave anything to chance. Contact the gestational agreement and sperm donor agreement lawyers at Gonzalez Law Group to schedule a confidential consultation.
