Gestational Agreements
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The Texas Family Code provides an avenue for married couples who would otherwise be unable to have children, to enlist the assistance of a third party known as a gestational mother or carrier to conceive and deliver the couple's baby to term. The intended mother of the child has to have a letter from a doctor stating that she cannot carry a child to term without medical concerns. The parties execute a document known as the gestational agreement. The gestational mother's only relationship with the child is a "carrier." Otherwise, the gestational mother does not have a biological relationship with the unborn child. In other words, a gestational mother's eggs cannot be used in the process. A petition to validate the agreement must then be filed with the court. There is a 90 day residency requirement for either the intended parents or the gestational mother. Within 300 days of implantation (upon birth of the child), the intending parents must then present themselves before the Court for final orders.