AUSTIN, Texas — A Texas Senate committee held a hearing Wednesday at the Texas Capitol to examine the practice of Texas residents serving as surrogates for intended parents from other countries, as lawmakers consider possible legislation ahead of the 2027 legislative session.
The Senate Committee on Health and Human Services reviewed testimony from state officials, advocates and industry representatives after Lt. Gov. Dan Patrick directed the panel to study whether Texas should prohibit foreign nationals from contracting with Texas surrogates.
Surrogacy involves a woman carrying and delivering a child for another person, usually through in vitro fertilization (IVF). Families facing infertility and members of the LGBTQ+ community commonly use the procedure to have children.
Some lawmakers expressed concern that foreign nationals may use surrogacy in Texas because children born in the United States generally acquire U.S. citizenship at birth.
Texas Department of Family and Protective Services Commissioner Audrey O’Neill told lawmakers the agency has received few reports involving surrogacy-related abuse or neglect.
O’Neill said the agency investigated three reports in 2025—two in May and one in November. Two involved intended parents who were foreign nationals living outside the United States, while the third involved a U.S. citizen from another state with a history of child abuse.
Jennifer Lahl, founder and board member of the Center for Bioethics and Culture Network, testified that intended parents can select sperm and egg donors based on specific characteristics through fertility clinics. She also raised concerns about the commercialization of surrogacy and the health risks faced by surrogate mothers.
State Sen. Lois Kolkhorst, R-Brenham, questioned whether some surrogacy arrangements closely resemble the sale of children, which Texas law prohibits.
Surrogacy agencies and advocates told the committee that cases involving foreign nationals account for only a small share of surrogacy arrangements. They also warned that restrictions targeting international surrogacy could lead to broader limits on surrogacy and IVF.
State Sen. César Blanco, D-El Paso, asked whether a ban would affect families with mixed immigration status, particularly in border communities.
Lahl responded that she opposes surrogacy regardless of the intended parents’ nationality because of the health risks to surrogate mothers.
Lawmakers heard that surrogacy births in Texas increased from 244 in 2016 to 657 in 2025, representing between 0.10% and 0.17% of the state’s roughly 400,000 annual births.
Texas Health and Human Services Commission Chief Regulatory Services Officer David Korstroun said surrogacy agencies do not require state licenses and therefore operate without state regulation.
Witnesses also testified that Texas does not collect data identifying whether intended parents or donors provide the sperm and egg used in surrogacy procedures, making it difficult to determine how many cases involve donor gametes.
Lawmakers discussed concerns involving birthright citizenship after the U.S. Supreme Court recently ruled that birthright citizenship remains protected under the 14th Amendment.
State Sen. Charles Perry, R-Lubbock, said lawmakers should review surrogacy regulations and examine whether the current legal framework adequately protects children.
Texas legalized gestational surrogacy in 2003 by allowing intended parents to obtain legal parentage before a child’s birth through court-approved agreements.
The Texas Republican Party recently adopted a platform supporting a ban on commercial surrogacy involving foreign nationals and opposing public funding for IVF.
Lawmakers did not vote on any proposals during Wednesday’s hearing. The committee is expected to continue reviewing the issue before lawmakers convene for the 2027 legislative session.