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Pregnancy Outside the Box
A Surrogate Journey By Kelly Burgess
, says that Texas is the first state to adopt a uniform parenting act and to allow for pre-pregnancy court enforceable agreements. However, these laws apply only to regular surrogacy arrangements where the surrogate mother is not the biological mother. In a case where the surrogate mother is also the biological mother – one possible scenario Phillips and Boykin were considering – the laws are not enforceable. In fact, because of that, he says there are few doctors in Texas who will agree to help facilitate that type of surrogacy.
"Most people are unaware of the laws because, when it's an arrangement between family or friends, they often just go ahead with the surrogacy and don't deal with the legal aspects until the pregnancy has occurred," says Stern. "I've been hired a number of times to finish traditional arrangements after the pregnancy has already occurred. The odds are that they work out, but it requires a lot of faith."