Texas surrogacy at a glance

Texas is the second-largest surrogacy market after California. It has a clear legal framework, established fertility infrastructure, and a long-running surrogate community. The main differences from California:

  • Court pre-approval required. Texas is unique in requiring court approval of the gestational surrogacy agreement before the embryo transfer.
  • Married intended parents only (statutorily). Texas Chapter 160 explicitly applies to married intended parents. Unmarried couples can still pursue surrogacy through alternative legal paths.
  • No state income tax. Your surrogate compensation isn't taxed at the state level in Texas, which helps take-home compared to California.
  • Lower total compensation, but lower cost of living. $73,000 total goes further in Texas than California.

Texas surrogate requirements

Age
21-39 (up to 42 for experienced)
BMI
Under 32
Pregnancy history
At least one healthy full-term pregnancy
Residency
Texas residency strongly preferred
Lifestyle
Non-smoker; no drug use; stable housing
Support
Spouse or family support (Texas requires spouse sign the contract if married)

The Texas court pre-approval process

Before any embryo transfer happens, a Texas court must approve your gestational surrogacy agreement. Here's the process:

  1. Contract is drafted and signed by you (and your spouse if married) and the intended parents, with independent counsel on both sides.
  2. Joint petition filed in the intended parents' county of residence (or sometimes yours). This is a routine family law matter.
  3. Court reviews the contract to confirm it meets Chapter 160 requirements: intended parents are married, surrogate is at least 21, surrogate has had a prior pregnancy, the contract uses gestational (not traditional) surrogacy, and everyone was represented by independent counsel.
  4. Judge issues approval order, typically within 4-8 weeks of filing.
  5. Transfer proceeds once court approval is in hand.

This adds a few weeks to your timeline but creates strong legal protection. Once the court has approved, the intended parents are recognized as the legal parents automatically at birth.

Your Texas partner agency: Simple Surrogacy

Simple Surrogacy (Dallas, founded 2002) is our primary Texas partner. 70% of their active surrogates are in Texas, so their coordinators know Texas law, Texas fertility clinics, and Texas courts inside out.

First-time base: $58,000–$63,000. First-time total: $73,000. Experienced base: $68,000+. Experienced total: $89,000.

Simple Surrogacy is all-female owned, was founded by a 3-time surrogate, and specializes in LGBTQ+ intended parent matches (70% of their IPs are LGBTQ+ couples).

See the Texas agencies page for the full review.

Check Texas eligibility

Our quiz checks Texas-specific requirements and connects qualified applicants with Simple Surrogacy.

Take the quiz →

Major Texas cities for surrogacy

  • Dallas: Simple Surrogacy headquarters. Largest Texas surrogate pool.
  • Houston: Major fertility clinic concentration. Lots of intended parent activity.
  • Austin: Growing market with multiple agencies and clinics.
  • San Antonio: Active community with Simple Surrogacy coverage.

Typical Texas timeline

Texas journeys run 16-20 months for first-timers, 14-16 months for experienced. The court pre-approval adds 4-8 weeks compared to California journeys.

  • Application and screening: 2-3 months
  • Matching: 1-3 months (Simple Surrogacy has a deep Texas pool, often faster)
  • Legal contracts + court approval: 6-12 weeks
  • Medical protocol and transfer: 1-2 months
  • Pregnancy: ~9 months
  • Delivery and post-birth: 1-2 months

Texas fertility clinics commonly used for surrogacy

  • Center for Assisted Reproduction (Dallas)
  • Texas Fertility Center (Austin)
  • Houston Fertility Institute
  • Aspire Fertility (Houston, Austin, San Antonio)
  • Fertility Specialists of Texas (Dallas)

Texas tax advantages

Texas has no state income tax, which means your surrogate compensation isn't subject to state tax. For a surrogate earning $73,000 total, this saves $3,000-$9,000 compared to high-tax states like California. Your federal tax obligation is still normal (20-25% typically set aside).

Frequently asked questions

Is surrogacy legal in Texas?
Yes. Chapter 160 of the Texas Family Code explicitly permits gestational surrogacy agreements between married intended parents. The state has a well-established legal framework and Texas courts routinely handle gestational surrogacy cases.
Do I need a court order to be a Texas surrogate?
Yes. Texas requires court approval of the gestational surrogacy agreement before the embryo transfer can proceed. The process adds 4-8 weeks to your timeline but creates strong legal protection.
Can I be a Texas surrogate if my intended parents aren't married?
Texas Chapter 160 explicitly applies to married intended parents. Unmarried couples can still pursue surrogacy in Texas but need alternative legal mechanisms outside Chapter 160. Simple Surrogacy can guide you through the options.
How much do Texas surrogates earn?
First-time Texas surrogates with Simple Surrogacy earn $58,000-$63,000 base and $73,000 total. Experienced surrogates earn $68,000+ base and $89,000 total. Texas has no state income tax, which improves your take-home.
Do I need to be a Texas resident to be a Texas surrogate?
Strongly preferred. The court pre-approval process is easier when the surrogate is a Texas resident, and most Simple Surrogacy matches involve Texas-resident surrogates.
How does Texas surrogacy compare to California?
Texas has clear legal protections but requires court pre-approval (adds time). Compensation is lower than California ($73K vs $80K+ for first-timers). No state income tax in Texas helps take-home. California has deeper IP pool and faster legal process.