Texas Surrogacy Ban Threatens Family-Building Options for Couples

Texas lawmakers are preparing to consider restrictions on commercial surrogacy in the upcoming legislative session, prompting concerns from families who relied on such arrangements to build their families. Advocates argue that proposed measures, including potential bans on foreign nationals using Texan surrogates, could limit access to surrogacy—a process that accounted for 657 births in Texas in 2025.

State legislators, with backing from anti-abortion advocacy groups, have intensified criticism of surrogacy this year, citing ethical concerns such as the destruction of embryos and the alleged exploitation of women serving as surrogates. The issue gained national attention earlier this month when an Alaskan surrogate, McKenna West, fled to Dallas to petition a court for custody of the baby she carried. West accused the intended parents and her surrogacy agency of coercing her to terminate the pregnancy, allegations both parties have denied. Texas Attorney General Ken Paxton intervened on her behalf, and anti-abortion groups have framed the case as emblematic of surrogacy’s ethical pitfalls.

Critics of surrogacy argue that contractual agreements inherently strip surrogates of bodily autonomy due to power imbalances. Kirstin Wallace of the California-based Center for Bioethics & Culture Network, the only advocacy group invited to testify at a July hearing on surrogacy, stated, “The contractual nature of surrogacy agreements denies women, who are at a significant power disadvantage, the ability to give proper consent to terms.” The organization advocates for a global ban on surrogacy, framing it as the commodification of human reproduction.

However, surrogates and families who have used surrogacy dispute these claims, asserting that the process is a medical treatment and often the only viable path to parenthood for couples struggling with infertility. They argue that Texas should refine, rather than abolish, existing laws to better protect the rights of both intended parents and surrogates.

Among those sharing their experiences is Ronda Young of Dallas, a teacher and mother who has served as a surrogate three times. Young described her surrogacy arrangements as mutually respectful, emphasizing clear contracts that safeguarded her autonomy. “There is always a clear understanding that this is my body; these are my choices,” she said. Young credited her surrogacy agency, Circle Surrogacy, with following best practices, including psychological evaluations and separate legal representation for surrogates.

Similarly, Angie Koriakos of Dallas, who had her child via surrogacy, expressed dismay at the prospect of legislative restrictions. “It really would be so devastating if they wouldn’t allow surrogacy or they wouldn’t allow IVF, because there are so many women who want to be mothers, who should be mothers, and who would be great mothers,” she said.

While high-profile cases involving foreign nationals have raised scrutiny, surrogates and intended parents argue that such instances are not representative of the norm when proper legal and ethical safeguards are in place. Young and others advocate for stricter regulations on surrogacy agencies, including mandatory shared values between surrogates and intended parents, independent legal counsel for surrogates, and enforceable contracts that prevent disputes over parental rights.

As the debate intensifies, surrogates and families who have benefited from these arrangements urge lawmakers to preserve surrogacy as a viable option for building families, while strengthening protections to ensure ethical practices.