Modern families grow in multiple different ways. There are certainly still families that add new members through traditional birth, but many families need an alternate route. Potential parents with health issues, couples struggling with fertility and same-sex couples may decide that surrogacy is the right solution.
Surrogacy involves a woman voluntarily carrying a child to term for other people. Typically, this process involves her rescinding her parental rights to that child, but complications can arise. A gestational mother might develop an emotional attachment to the child, even if she does not provide any genetic materials for the creation of the embryo.
If you want to work with a surrogate, you will need a gestational agreement to protect yourself.
How do gestational agreements work in Texas?
A gestational agreement works by having all parties involved in a surrogacy arrangement agree to specific terms in writing. This process protects the rights of the gestational mother and of the intended parents.
When you draft a gestational agreement and have all the appropriate parties sign, you protect your right to parent the child that results from the surrogacy arrangement. A gestational agreement is a contract effectively creating obligations between the gestational carrier and the surrogate parents.
It terminates any parental rights a gestational mother may have had and protects the rights of the intended parents to assume authority over the child after its birth. Without a gestational agreement in place, hopeful parents could completely lose their access to a child they think of as their own.
Drafting a gestational agreement can help protect your family against the heartbreak of losing your privileges as a parent.