Dallas Assisted Reproduction Lawyer

Providing Representation For Assisted Reproduction Cases in Dallas, TX

Within the last couple decades, the use of assisted reproductive technology (ART) has grown significantly worldwide, making pregnancy possible for many infertile couples. As such, the need for fertility legal services has also increased, including surrogacy contracts, egg donor agreements, and more. The process of assisted reproduction can be complicated as there are many steps that go into finding an egg donor or surrogate, creating the proper legal documentation, going through the pregnancy, and birthing process, and establishing parenthood.

If you are looking to create your dream family through ART, it is imperative that you ensure you are legally protected by establishing a surrogacy or egg donor agreement.

At Garcia-Windsor, P.C., we represent couples and individuals interested in building a family through various method of ART with all their legal needs. Contact us online to learn more about our services.

Surrogacy Agreements in Texas

A surrogacy agreement defines the intended parents’ or parent’s responsibilities as well as those of the surrogate. It covers matters including but not limited to the following:

• Abortion
• Embryo transfers
• Selective reduction
• Medical decisions, including emergencies
• Surrogate’s health care
• Financial terms
• Intended parent and surrogate contact during pregnancy
• Dispute resolution and breach of contract
• Confidentiality

It is important to ensure that your surrogacy agreement protects your rights as the intended parent(s) of the child. The agreement must state that the surrogate is not and does not intend to be the parent of the child after going through an in vitro fertilization (IVF) procedure. It should also state that you as the intended parent(s) will accept full parental rights for the baby’s life. As such, it is imperative that you consult with a Dallas assisted reproduction attorney to create a surrogacy agreement that reflects your interests and protects your rights to your future baby.

What Happens if the Surrogate Changes Her Mind and Wants to Keep the Child?

While rare, a surrogate may change her mind and want to keep her child. Therefore, a surrogacy agreement is established to protect the intended parents in the event the surrogate decides not to move forward with the agreement. Once the surrogate signs this agreement, she does not have the right to keep her child after giving birth.

Egg Donor Agreement

If you are currently in the process of searching for an egg donor, or have found one, you should familiarize yourself with what is called an egg donor agreement. This document is established to protect everyone involved in the egg donation arrangement and states the intended parent’s/parents’ and donor’s intentions and legal obligations.

Consult with a fertility attorney to create this agreement as every egg donor situation is different. A fertility attorney will help you form an agreement that protects you from unexpected legal issues after your baby is born.

How Is Parenthood Established in Texas?

Once the baby is born, the intended parent(s) will sign a pre-birth order which establishes them as the legal parents of the child. Some courts in Texas may require the intended parents and surrogate to appear for a pre-birth validation, but others so not. Additionally, hearings are not required for post-birth orders. It would be best to consult with your Dallas fertility attorney to determine how to establish parentage after your child is born.