Surrogate Pay in Texas (2026)
First-time surrogates in Texas earn $50,000–$65,000 base compensation plus monthly allowances. See full breakdown below.
Surrogate Compensation in Texas
First-Time Surrogate
| Base Compensation | $50,000 – $65,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $57,000 – $83,000 |
Experienced Surrogate
| Base Compensation | $60,000 – $80,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $67,000 – $98,000 |
Texas Surrogacy Laws
Texas authorizes gestational surrogacy under Texas Family Code §§160.751–160.763, but with a condition that matters more than anything else on this page: the agreement must be validated by a court before you become pregnant.
The validation rule — read this first
Under §160.762, a gestational agreement that "is not validated as provided by this subchapter is unenforceable." A court validation order under §160.756 is obtained before pregnancy, after a hearing. If that step is skipped, the contract you signed does not carry the protection you think it does.
Who Texas law allows to be an intended parent
§160.754(b) states that the intended parents must be married to each other. The statute provides no route for single or unmarried intended parents. Some Texas courts have validated agreements for unmarried couples, same-sex couples, and single parents, but that happens outside the statutory text and results vary by county.
Statutory eligibility that applies to you
• Residency (§160.755): either you or the intended parents must have lived in Texas for the 90 days before the case is filed.
• Prior birth (§160.756): you must have had at least one prior pregnancy and delivery, and another pregnancy must not pose an unreasonable risk to you or the child.
• Genetics (§160.754): your own eggs may not be used.
• Medical need (§160.756): medical evidence that the intended mother cannot carry a pregnancy to term, or cannot without unreasonable risk.
• Timing (§160.754): the agreement must be signed at least 14 days before any gamete or embryo transfer.
Your medical autonomy is protected by statute
§160.754(g) provides that the agreement "may not limit the right of the gestational mother to make decisions to safeguard her health or the health of an embryo." A contract clause attempting to override that is unenforceable.
Your right to walk away before pregnancy
§160.759 lets you terminate the agreement any time before you become pregnant by giving written notice to all parties and filing notice with the court. The statute states you "may not be liable to an intended parent for terminating" when you follow that process. The agreement must also allocate responsibility for pregnancy-related medical expenses including if it is terminated (§160.756).
Texas Surrogate Requirements
Texas is one of the few states where some eligibility rules are set by statute, not just by agencies. Texas Family Code §160.756 requires that you have had at least one prior pregnancy and delivery, and §160.755 imposes a 90-day residency requirement on you or the intended parents. The remaining criteria below are agency and clinic screening standards.
Final eligibility is determined by the agency's medical team.
How to become a surrogate in Texas: full requirements & qualifications →
How Surrogacy Works in Texas
Complete application in 10–15 minutes. Agency contacts you within 48 hours.
Physical exam, bloodwork, and uterine evaluation — paid for by the agency.
Review profiles and meet potential intended parents. You always have the right to say no.
Surrogacy agreement reviewed by your own attorney, funded by the agency.
Monthly compensation begins immediately after transfer. All medical costs covered.
Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.
Surrogate FAQ: Texas
Is surrogacy legal in Texas?
Yes, but conditionally. Texas requires a court to validate your agreement before pregnancy; an unvalidated agreement is unenforceable. The statute also requires that the intended parents be married to each other.
Do I have to live in Texas to be a surrogate here?
Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.
Is surrogate pay taxable in Texas?
Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for Texas-specific guidance.
How long does surrogacy take in Texas?
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
Surrogate Pay by State
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