Reproductive Agreements and Donor Agreements in Texas
Building Families Through Assisted Reproduction
Advances in reproductive medicine have given more people than ever the opportunity to build families in ways that were once unimaginable. Surrogacy, egg donation, sperm donation, and embryo donation all create new paths to parenthood.
But while the science has advanced, the law can be complex. Questions of legal parentage, donor rights, and surrogacy contracts must be addressed before medical procedures take place. Without clear agreements, families may face disputes, confusion, or even court battles down the road.
That’s why reproductive agreements and donor agreements are so important. They are legal documents that protect everyone involved—intended parents, donors, and carriers—by clarifying rights and responsibilities before a child is conceived.
At the Law Office of Bryan Fagan, PLLC, we help families across Texas create strong, enforceable agreements that provide peace of mind and legal security.
What Is a Reproductive Agreement?
A reproductive agreement is a contract that governs assisted reproduction arrangements. These agreements may involve:
- Gestational surrogacy – Where a gestational carrier carries a child created with the intended parents’ or donors’ genetic material.
- Embryo donation – Where embryos are donated to intended parents.
- Sperm or egg donation – Where donors contribute genetic material but are not intended parents.
Reproductive agreements set out the rights and obligations of all parties. They define who will be recognized as the child’s legal parents, how medical decisions will be handled, and what financial arrangements apply. Most importantly, they protect the intended parents’ rights and ensure the donor or carrier has no unexpected legal or parental obligations.
Donor Agreements Explained
A donor agreement is a specific type of reproductive contract focused on sperm or egg donation. These agreements address critical issues such as:
- Parental Rights – Donors relinquish all parental claims, ensuring they are not considered the child’s legal parent.
- Confidentiality – Whether donor identities will be kept private or disclosed.
- Future Contact – Whether the child may have the option of contact with the donor later in life.
- Medical Information – Ensuring donors provide accurate health and genetic history.
Without a donor agreement, disputes may arise later. For example, a sperm donor might try to claim parental rights, or intended parents may face challenges proving their legal status. A properly drafted agreement prevents these risks and provides clarity for everyone.
Why These Agreements Are Essential in Texas
Texas law has specific requirements for enforceable reproductive agreements. For example, gestational agreements must be signed before embryo transfer, and they must be validated by a court to be enforceable.
Donor agreements, while not always required by statute, are strongly recommended to ensure legal clarity. Without one, Texas courts may have to decide parental rights in the event of a dispute—a situation that can be stressful, costly, and uncertain.
By entering into agreements ahead of time, families avoid these complications and move forward with confidence.
Common Concerns Families Face
If you’re considering surrogacy or donor arrangements, you may be asking:
- Will the donor have any rights to my child?
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- Will I need to adopt the child if I use a donor?
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- How do we handle compensation for a donor or surrogate?
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- What happens if someone changes their mind?
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These are natural questions, and they highlight why legal agreements are so important. A reproductive or donor agreement addresses these issues directly, creating enforceable terms that the court will recognize.
The Process of Creating an Agreement
Working with an attorney ensures your agreement is properly drafted and legally enforceable. Here’s what the process usually involves:
Consultation
We meet with intended parents, carriers, or donors to understand your situation and goals.
Drafting the Agreement
The agreement is customized to your circumstances, covering medical responsibilities, financial terms, rights, and confidentiality.
Court Validation (if required)
For gestational agreements, we submit the contract to the court for validation before medical procedures begin.
Ongoing Support
We remain available throughout the process to answer questions and provide legal guidance.
Benefits of Having a Strong Agreement
For Intended Parents
- Legal recognition as parents from the start
- Protection from future disputes
- Assurance that your child’s birth certificate reflects your parentage
For Donors
- Clarity that you have no parental obligations
- Protection from financial or custodial responsibilities
- Clear expectations about privacy and future contact
For Carriers
- Clear medical and financial arrangements
- Protection from being held legally responsible for the child
- Assurance that intended parents are committed to their responsibilities
Frequently Asked Questions
Do donors ever have rights to the child?
 Not if there is a clear donor agreement in place. These agreements ensure donors have no parental rights or responsibilities.
Do reproductive agreements have to go to court?
Gestational agreements do. Texas law requires court validation before embryo transfer. Donor agreements typically do not require court approval but must be properly drafted to hold up legally.
What if one of us changes our mind after signing?
Valid agreements are legally binding. Courts generally enforce the terms, which is why it’s critical to understand and agree on all provisions beforehand.
Do both spouses have to be involved?
Yes. If the intended parents are married, both spouses must be parties to the agreement.
How the Law Office of Bryan Fagan, PLLC Can Help
Our attorneys have deep experience in family law and reproductive agreements. We know that this process is about more than legal documents—it’s about creating families. We work closely with intended parents, donors, and carriers to ensure that everyone’s rights are clear and protected.
We guide clients through drafting agreements, handling court validation, and addressing any issues that arise along the way. Most importantly, we provide peace of mind that your family’s foundation is legally secure.
Contact Us Today
If you are considering adoption or have already started the process, we are here to guide you through every step. As an experienced adoption law firm in Texas, we offer compassionate legal advice and resources to help make your adoption journey smooth and successful.
Reach out to us today to schedule a consultation with one of our experienced adoption attorneys. Let us help you build the family of your dreams.
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