Texas Surrogate Requirements: Do You Qualify?
October 21, 2025 by Frank Golden
Wondering if you meet the Texas surrogate requirements to carry for a family in need? You’re not alone! Eligibility is one of the first questions women ask when they start exploring surrogacy.
Here’s the truth: agencies design these requirements to protect you. They ensure your health, safety, and legal rights remain the top priority throughout the entire journey. Additionally, Texas law includes specific criteria that Surrogates must meet before the court validates a gestational agreement.
Not qualifying doesn’t mean you’ve failed. It simply means the timing or circumstances aren’t right yet. Furthermore, many requirements reflect medical guidelines and legal standards rather than personal judgment.
In this guide, we’ll walk through the Texas surrogate requirements step by step. Consequently, you’ll know exactly where you stand and what to expect!
Table of Contents
- Who Can Become a Surrogate in Texas?
- Medical Requirements for Texas Surrogates
- Psychological and Emotional Readiness
- Lifestyle and Stability Requirements
- Legal Requirements Specific to Texas
- Why Texas Surrogate Requirements Matter
- Common Reasons Applicants May Not Qualify
- What Happens After You Meet the Requirements?
- Frequently Asked Questions About Texas Surrogate Requirements
- Deciding Whether Surrogacy Is Right for You
Who Can Become a Surrogate in Texas?
Let’s start with the big picture! Texas Surrogates must meet baseline criteria that balance your health with the needs of the journey.
Age Range
Most agencies require Surrogates to fall between 21 and 39 years old. Some programs extend this range to 42 or 43, depending on your medical history and prior experience. For example, first-time Surrogates often face stricter age limits than experienced Surrogates.
Age matters because pregnancy carries different risks at different life stages. Agencies want to ensure you can carry safely!
Prior Pregnancy Requirement
You must have delivered at least one healthy baby. Additionally, you should currently parent at least one child. This requirement serves several purposes.
First, it confirms you understand pregnancy and childbirth firsthand. Second, it demonstrates your body responds well to pregnancy. Finally, it ensures you’ve experienced raising a child, which helps you understand what you’re helping others achieve.
Overall Health Expectations
Agencies look for women in good overall health. This means you maintain a healthy lifestyle, manage any chronic conditions responsibly, and avoid risky behaviors. For instance, you’ll need a BMI below 32 or 33, depending on clinic guidelines. Keep in mind, each surrogacy agency may have its own Surrogate requirements to comply with the fertility clinics they most frequently partner with.
Meanwhile, Texas surrogacy law requires that gestational agreements comply with statutory health standards. Consequently, your eligibility connects directly to legal compliance!

Medical Requirements for Texas Surrogates
Medical screening protects everyone involved. Fertility clinics set strict standards to ensure safe pregnancies and healthy outcomes.
Pregnancy and Delivery History
You must demonstrate a history of uncomplicated pregnancies and deliveries. Additionally, agencies review your medical records to confirm this.
For example, conditions like gestational diabetes or preeclampsia don’t automatically disqualify you. However, the clinic evaluates each case individually. Furthermore, you can’t have experienced more than three prior cesarean deliveries.
Medical Records Review
Agencies request your complete obstetric records. They review these documents before moving forward. This step happens early in the process!
Clinics look for patterns of healthy pregnancies. They also check for any conditions that might complicate future pregnancies. Consequently, transparency during this stage helps everyone make informed decisions.
Fertility Clinic Approval
Here’s an important point: the Intended Parents’ fertility clinic must approve you medically before embryo transfer. This approval happens during an in-person screening appointment.
The clinic conducts blood work, ultrasounds, and a full physical exam. Additionally, they review your reproductive health in detail. This thorough evaluation ensures you’re ready to carry!
Why Medical Standards Matter
These requirements aren’t arbitrary. Medical professionals design them based on decades of research and clinical experience. Furthermore, they protect your long-term health and fertility.
Texas law recognizes the importance of medical oversight. Consequently, gestational agreements must meet health and safety standards before courts validate them!
Psychological and Emotional Readiness
Surrogacy involves emotional complexity. Therefore, agencies require psychological screening to ensure you’re prepared.
The Purpose of Screening
Psychological evaluations aren’t pass-fail tests. Instead, they help you explore your motivations, expectations, and emotional readiness. Additionally, they identify any areas where you might need extra support.
A licensed mental health professional conducts this screening. They ask about your support system, your understanding of surrogacy, and how you handle stress. For example, they’ll explore how you feel about pregnancy loss or difficult medical decisions.
Emotional Preparedness
Surrogacy requires clear boundaries and strong communication skills. You’ll work closely with Intended Parents throughout the journey. Consequently, you need emotional maturity and self-awareness.
Furthermore, you should feel confident in your decision. Agencies look for women who understand what they’re signing up for and feel genuinely excited about it!
Family and Support Systems
Your partner (if applicable) must support your decision to become a Surrogate. Additionally, you need a reliable support network. This might include family, friends, or community connections.
Texas journeys involve court appointments and legal coordination. Therefore, having people who can help with childcare or transportation makes a real difference!
Protection, Not Evaluation
Remember: psychological screening exists to protect you. It ensures you enter surrogacy with your eyes wide open. Meanwhile, it gives professionals a chance to identify any concerns early!
Lifestyle and Stability Requirements
Surrogacy works best when your life provides a stable foundation. Agencies evaluate practical factors that affect your ability to participate fully.
Stable Housing
You need a safe, stable living environment. This doesn’t mean you must own a home! However, you should have reliable housing throughout the pregnancy and postpartum period.
For example, frequent moves or unstable living situations can complicate the journey. Agencies want to ensure you have a secure place to rest and recover.
Reliable Transportation
You’ll attend numerous medical appointments during the surrogacy process. Consequently, you need reliable transportation to get to clinics, legal meetings, and court appointments.
Additionally, Texas requires court validation of gestational agreements. This means you’ll need to appear in person for legal proceedings. Therefore, transportation matters!
Availability for Court Coordination
Texas law mandates court approval of gestational agreements before embryo transfer. This process requires scheduling flexibility. Furthermore, you’ll need to coordinate with attorneys and court schedules.
Don’t worry! Intended Parents cover all legal costs, including your attorney’s fees. However, you must have the time and availability to participate in this important step.
Financial Stability
Agencies look for applicants who aren’t in financial crisis. Surrogacy provides generous compensation, but it shouldn’t be your only path out of financial hardship.
For instance, you should have a stable income (or partner with stable income). Additionally, you shouldn’t face active bankruptcy proceedings. This requirement protects you from feeling pressured or desperate during the journey!

Legal Requirements Specific to Texas
Texas has specific legal requirements that shape the surrogacy process. Understanding these helps you see why certain criteria exist!
Written Gestational Agreement Required
Texas law requires a written, court-validated gestational agreement. This contract outlines everyone’s rights, responsibilities, and expectations. Additionally, it protects all parties legally.
You can’t proceed with embryo transfer until this agreement receives court approval. Consequently, the legal phase happens before the medical phase!
Independent Legal Counsel
Texas law requires Surrogates to have their own attorney. This lawyer represents only you, not the Intended Parents. Furthermore, your attorney reviews the contract to ensure it protects your interests.
For example, your lawyer confirms that compensation terms are fair and that your medical autonomy is protected. They also explain your rights under Texas law!
Court Validation Before Embryo Transfer
Here’s where Texas differs from some other states: courts must validate gestational agreements at least two weeks before embryo transfer. This process involves filing a petition and attending a hearing.
The court reviews whether the agreement complies with Texas Family Code requirements. Additionally, the judge ensures all parties understand their rights and responsibilities. Once the court approves the agreement, you receive a court order confirming the arrangement!
Who Pays Legal Costs?
Intended Parents cover all legal expenses. This includes your attorney’s fees, court costs, and filing fees. Consequently, you never pay out of pocket for legal representation!
Why Texas Requires Statutory Compliance
These legal requirements protect everyone involved. They ensure agreements are enforceable and that parentage is established clearly. Furthermore, they reduce the risk of disputes or confusion later!
For more details on how Texas structures its legal framework, check out our guide on Texas surrogacy laws.
Why Texas Surrogate Requirements Matter
Requirements might feel overwhelming at first. However, they serve critical purposes that benefit you directly!
Protecting Your Health and Autonomy
Medical and psychological requirements ensure you enter surrogacy healthy and prepared. Additionally, they protect your long-term well-being. For example, BMI limits reduce pregnancy complications. Prior pregnancy requirements confirm your body handles pregnancy well.
Furthermore, these standards ensure you maintain full medical autonomy throughout the journey. You always have the final say in medical decisions!
Reducing Legal and Financial Risk
Texas legal requirements provide powerful protection. Court validation ensures your gestational agreement is enforceable. Consequently, your compensation is legally protected.
Additionally, having independent legal counsel means someone advocates specifically for your interests. This reduces the risk of misunderstandings or unfair terms!
Compliance with Texas Family Code
Texas Family Code sets specific standards for gestational agreements. Requirements ensure your journey complies with state law. This compliance matters because it determines whether courts will validate the agreement.
For instance, agreements must include specific provisions about compensation, medical decisions, and parental rights. Meeting these requirements from the start protects everyone involved!
Upholding Ethical Standards
Reputable agencies prioritize ethical practices. Requirements help ensure Surrogates enter the process voluntarily, with full understanding, and adequate support. Meanwhile, they prevent exploitation or coercion.
At Golden Surrogacy, we believe requirements should empower you, not discourage you. Consequently, we work hard to explain why each standard exists and how it protects you!

Common Reasons Applicants May Not Qualify
Not everyone qualifies for surrogacy right now. That’s okay! Understanding common barriers helps you assess your situation honestly.
Medical History Considerations
Certain medical conditions may prevent approval. For example, uncontrolled diabetes, high blood pressure, or autoimmune disorders can complicate pregnancy. Additionally, history of severe pregnancy complications may raise concerns.
However, managed conditions don’t automatically disqualify you. Clinics evaluate each situation individually!
Pregnancy Complications
Severe complications in previous pregnancies can affect eligibility. For instance, history of multiple miscarriages, severe preeclampsia, or HELLP syndrome may prevent approval. Additionally, placental issues or preterm labor patterns might raise red flags.
The fertility clinic makes the final medical determination. They balance your history with current health status.
Lifestyle Factors
Active substance use disqualifies applicants. Additionally, smoking or recent drug use prevents approval. Agencies require candidates to maintain smoke-free, drug-free lifestyles.
Furthermore, unstable living situations or lack of reliable childcare can delay approval. These factors don’t reflect your worth as a person! They simply affect your ability to participate fully in the journey.
Timing and Readiness Issues
Sometimes the timing just isn’t right. For example, you might be in the middle of a major life transition. Additionally, you might have young infants at home (most agencies require your youngest child to be at least one year old).
Recent pregnancies also affect eligibility. Consequently, you typically need to wait at least 6-12 months after delivery before applying.
Eligibility Can Change
Here’s the good news: circumstances change! If you don’t qualify now, you might qualify later. For instance, you might lose weight, move to stable housing, or wait until your youngest child is older.
Don’t let current barriers discourage you permanently. Instead, focus on what needs to change and revisit surrogacy when the time is right!
What Happens After You Meet the Requirements?
Once you confirm you meet the basic requirements, what comes next? Let’s walk through the process!
Application and Initial Review
You start by submitting an application to Golden Surrogacy. Our team reviews your information to confirm basic eligibility. Additionally, we schedule an initial conversation to answer your questions.
This step involves no pressure or obligation. We simply want to ensure surrogacy is a good fit for both of us!
Agency Screening Process
If you decide to move forward, we begin comprehensive screening. This includes background checks, home visits, medical records review, and psychological screening. Furthermore, we coordinate with your OB/GYN for clearance.
Each step confirms you’re prepared and protected. Meanwhile, we’re building a relationship with you!
Matching Phase
Once you complete agency screening, we begin matching you with Intended Parents. You review potential matches and decide whether they feel right. Additionally, you have the opportunity to meet or video chat with families you’re considering.
Matching happens only after screening is complete. This ensures you’re legally and medically ready to move forward!
Clinic Medical Screening
After you match, you attend in-person medical screening at the Intended Parents’ fertility clinic. This appointment must align with your menstrual cycle timing. The clinic conducts thorough evaluations to issue final medical approval.
Only after the clinic approves you can the legal phase begin!
Legal Phase and Court Validation
Once you receive medical clearance, attorneys draft your gestational agreement. Your independent lawyer reviews the contract with you. Additionally, they ensure all terms protect your interests.
After contract signing, your attorney files a petition for court validation. The court schedules a hearing, reviews the agreement, and issues an order validating it. This must happen at least two weeks before embryo transfer!
No Pressure, Just Support
Throughout this entire process, you’re never pressured to move faster than feels comfortable. Furthermore, our Care Team supports you at every step. You can reach your Agency Director via phone, text, or email whenever questions arise!
Frequently Asked Questions About Texas Surrogate Requirements
Do I need to live in Texas to be a Texas Surrogate?
Not necessarily! However, you must be willing to travel to Texas for court validation proceedings and potentially for delivery. Additionally, some Intended Parents prefer Surrogates living in Texas to simplify logistics.
Many agencies work with Surrogates across multiple states. Consequently, your location matters less than your willingness to comply with Texas legal requirements!
Do I need prior pregnancy experience?
Yes! You must have delivered at least one healthy baby. Additionally, you should currently be parenting at least one child. This requirement ensures you understand pregnancy and parenting firsthand.
Furthermore, prior experience demonstrates your body responds well to pregnancy. It also confirms you have realistic expectations about childbirth!
Does Texas require court approval for surrogacy?
Absolutely! Texas law mandates court validation of gestational agreements before embryo transfer. The court must approve the agreement at least two weeks before medical procedures begin.
This requirement provides powerful legal protection for everyone involved. Additionally, it ensures agreements comply with Texas Family Code standards!
Can requirements vary by clinic?
Yes! While agencies set baseline requirements, fertility clinics may have additional medical criteria. For example, some clinics have stricter BMI limits or age restrictions.
Consequently, you might meet agency requirements but need clinic approval separately. The clinic makes final medical determinations before embryo transfer!
What if I’m unsure I qualify?
Apply anyway! The application process helps you understand where you stand. Additionally, our team can explain any concerns and help you determine whether you qualify now or might qualify later.
For more information about what comes next, explore our guide to becoming a Surrogate.

Deciding Whether Surrogacy Is Right for You
Understanding Texas surrogate requirements empowers you to make informed decisions. You now know what agencies and clinics look for and why these standards exist!
Remember: requirements protect you. They ensure you enter surrogacy with adequate support, clear legal protections, and realistic health expectations. Furthermore, they reduce risks and complications down the road.
If you meet the requirements, congratulations! You’re in a strong position to explore this incredible opportunity. Additionally, you can move forward confident that Texas law provides robust protections throughout your journey.
If you don’t qualify right now, don’t lose hope. Circumstances change! Focus on what needs to shift and revisit surrogacy when the timing is better.
Meanwhile, take time to reflect on your motivations and readiness. Talk with your partner and support system. Furthermore, research agencies and ask questions. Informed decisions lead to positive experiences!
You deserve clarity, support, and respect throughout this process. At Golden Surrogacy, we’re committed to providing exactly that. Our founder, Frank Golden, leads our team with a family-first philosophy. Consequently, we treat every Surrogate like family!
To learn more about financial protection during your journey, check out our guide on Texas surrogate compensation.
Ready to Learn More?
If you’re curious about whether you meet Texas surrogate requirements, we’d love to chat! Our team answers questions, explains the process, and helps you determine whether surrogacy is right for you.
There’s no pressure or obligation. We simply want to ensure you have the information you need to make confident decisions!
Explore whether becoming a Surrogate fits your life, your goals, and your desire to help others. Take the next step when you feel informed and ready. We’ll be here to support you every step of the way!




