General · Texas behavioral health news
A surrogate’s fight for parental rights in Dallas could discourage surrogacy use in Texas, lawyers say
Texas Tribune – Health · By Katlyn Ma · August 19, 2026
In plain language
A legal dispute in Dallas involving a surrogate mother and biological parents is raising concerns about the future of surrogacy in Texas. The surrogate is seeking custody of the child, claiming the biological parents initially refused medical care and pressured her to terminate the pregnancy, which the parents deny. Because Texas law generally recognizes the woman who gives birth as the legal parent, this case could impact how parental rights are assigned in future surrogacy contracts. Conservative groups and lawmakers are watching the case closely as they consider new restrictions or bans on commercial surrogacy.
AI-generated summary of the source article. Not medical advice.
Key takeaways
- A surrogate mother is fighting for custody in Dallas despite court orders from other states favoring the biological parents.
- Texas law typically recognizes the person who gives birth as the child's legal mother unless a surrogacy agreement is enforced.
- Conservative lawmakers in Texas are considering a ban on commercial surrogacy in the upcoming legislative session.
- Legal experts warn that if surrogacy agreements are not upheld, it could discourage couples from using surrogates to start families.
- The case involves disputes over pregnancy termination clauses which are common in many surrogacy contracts.
- In 2025, Texas recorded 657 births resulting from surrogacy arrangements.
McKenna West is fighting for custody of the child she carried as a surrogate. " data-large-file="https://i0.wp.com/www.texastribune.org/wp-content/uploads/2026/08/McKenna-West-TT-scaled.jpg?fit=780%2C520&ssl=1" /> A surrogate’s fight for custody over the baby she birthed last week could lead to more restrictions on the rights of biological parents and on abortion clauses in surrogacy agreements. The post A surrogate’s fight for parental rights in Dallas could discourage surrogacy use in Texas, lawyers say appeared first on The Texas Tribune.
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