Yes, you can become a gestational surrogate in Texas. Texas has a statute that addresses gestational agreements directly, and surrogacy programmes work with women across the state, from Houston and Dallas-Fort Worth to Austin, San Antonio and El Paso. The route is the same as elsewhere in the country. You apply to an agency, pass medical and psychological screening, sign a contract with your own attorney, and then go through embryo transfer and pregnancy. What Texas changes is the legal framework around that contract and how parentage is handled in court.
You may be reading this before you have told anyone, trying to work out whether you would qualify, what you could be paid and what a year or more of your life would actually involve. This page covers each of those from your side, with the Texas details that matter, and is clear about where things vary.
Surrogate Compass is an independent platform. We help you understand your options and connect you with agencies. We are not an agency, a fertility clinic or a law firm. Agencies screen, match, contract and pay, and clinics make the medical decisions.
How Texas Treats Gestational Surrogacy
Texas addresses gestational agreements in statute. Texas Family Code Chapter 160, the state's version of the Uniform Parentage Act, is the framework Texas courts use for parentage, including parentage in surrogacy arrangements. Within it, Chapter 160 sets out requirements a gestational agreement must meet in order to be validated by a court.
Gestational surrogacy is the arrangement this framework is built around. In a gestational surrogacy, the embryo is created from the intended parents' or donors' egg and sperm, so you have no genetic connection to the baby. Traditional surrogacy, where the surrogate's own egg is used, is a different arrangement, and agencies in Texas work almost exclusively with gestational carriers.
Having a statute is useful, but it also means there are rules to follow, and they are specific. Which requirements apply to your agreement, how validation works and how parentage is established for the intended parents are questions for a Texas-licensed surrogacy attorney. Surrogate Compass does not provide legal advice in Texas or anywhere else.
Surrogacy activity in the state is concentrated in the largest metros: Houston, Dallas-Fort Worth, Austin and San Antonio, with El Paso as a smaller market. If you live outside those areas, you can still take part, usually by travelling to a clinic in one of them.
Basic Eligibility Requirements for Texas Surrogates
Texas does not set its own medical eligibility rules for surrogates. Agencies and fertility clinics do, and their standards differ. The criteria below are common ranges, not universal rules. A medical team makes the final decision.
- Age. Many agencies look for women roughly 21 to 40. Some set the upper limit lower, around 38. Agencies and clinics differ.
- A previous birth. Programmes commonly look for at least one prior pregnancy and delivery, and for you to be raising a child of your own.
- BMI. Many agencies and clinics use a BMI ceiling, often somewhere around 32 to 33. This is usually tied to medical screening, so the clinic's physician has the final say, and limits differ between programmes.
- Smoking, drugs and medications. Programmes commonly look for non-smokers with no recreational drug use. Some medications, including certain psychiatric medications, are reviewed during the medical evaluation.
- Citizenship or residency. Many programmes ask for U.S. citizenship or permanent residency.
- Financial stability. Many agencies prefer that you are not receiving government financial assistance.
- Background check. A criminal background check is standard, and many programmes do not accept felony convictions.
- Stable home. Agencies commonly look for a stable living situation, owned or long-term rented. Some ask about recent moves.
- Partner or spouse. If you have one, they are usually asked to consent and to take part in background and psychological screening.
Meeting every point on this list does not mean you are approved. Not meeting one of them does not always mean you are ruled out, because programmes weigh things differently. The real decision comes from medical and psychological screening by the clinic and the agency. The national guide on how to become a surrogate covers each criterion in more depth.
The Medical and Psychological Screening Process
Screening begins with the agency. You submit an application and have an initial interview. Think of this as a mutual evaluation. You are assessing the agency as much as it is assessing you, and an interview is not an acceptance.
The psychological evaluation usually comes next or runs alongside the medical steps. It commonly involves standardised testing, often the MMPI-2, and an interview with a licensed mental health professional. If you have a partner, they are usually included. The surrogate psychological screening page explains what the evaluator looks for.
Medical screening happens at a fertility clinic. It commonly includes:
- a review of your pregnancy and delivery records
- a uterine evaluation, such as a saline sonogram or hysteroscopy
- an infectious disease panel
- hormone levels and a general health workup
The fertility clinic, not the agency, makes the medical clearance decision. The surrogate medical screening page walks through each test.
Screening often takes several weeks to a few months. Timing depends on the clinic's schedule, and that varies between clinics in Houston, Dallas, Austin and elsewhere in the state.
If you do not pass medical or psychological screening, the process ends at that stage. This is a clinical determination about the pregnancy risk or fit, not a judgement on your character. Surrogate Compass does not perform any of this screening.
Surrogacy Compensation in Texas
Surrogate pay is meaningful, and it is structured across the whole journey rather than paid as a single sum. Texas has no statute that sets surrogate compensation. The amount is set out in your contract and varies by agency, by whether you are a first-time or experienced surrogate, and by what is agreed in your individual agreement. We have no verified Texas pay data to publish here, so this page explains the components rather than quoting figures.
Base compensation is usually the largest part. It is commonly paid in monthly instalments that begin once the pregnancy is confirmed, often after a heartbeat is detected, or at another milestone written into the contract.
Other line items contracts commonly list include:
- an embryo transfer fee
- a maternity clothing allowance
- lost wages for medical appointments, bed rest or recovery
- childcare during appointments
- travel reimbursement
- a housekeeping allowance during recovery
- a supplement if the pregnancy involves multiples
Which of these appear in your contract, and how much each is, depends on the programme and the negotiation.
Medical costs. Surrogacy-related medical care is commonly paid for through the intended parents, using your insurance, a policy they obtain, or both. Ask exactly how your own insurance will be used, who pays deductibles and co-pays, and what happens to costs if complications run past delivery.
Insurance for you. Ask whether the programme arranges life insurance and disability insurance, who pays for them, how much cover they give and how long they run. These are contract terms, not standard features.
Experience. Surrogates on a second or third journey are commonly offered higher base compensation than first-time surrogates. An agency's advertised top rate usually reflects experienced surrogates, not what a first-time surrogate is offered.
Tax. Texas has no state income tax. Federal treatment is a separate question, and surrogacy payments are generally treated as income for federal purposes. Do not assume your compensation is tax-free. A tax professional familiar with surrogacy can look at your situation.
The agency comparison page on what surrogates should look for explains how to compare itemised pay schedules and escrow between programmes.