How Are Gestational Agreements Affected by Divorce?

One hand points at a document while a second hand signs it.

Considerations for Divorcing Parents-to-Be

For many couples, marriage is a first step towards starting a family. Regardless of the avenue the pair pursues to achieve their dreams of parenthood, having children further entangles the couple, introducing additional considerations for the two should they ever divorce.

Divorce with kids, or while pregnant, is complicated. Divorce while in a gestational agreement can appear even more difficult as many are unfamiliar with the affects that a dissolution of marriage will have on the process. Still, with sound legal aid from Camille Borg Law PLLC, the matter is routine and simple.

The Basics of Gestational Agreements

Having a formal, validated gestational agreement protects a couple and their parental status from the moment it’s signed. There is no need for adoption or any other legal step to establish parentage when using a Texas gestational agreement. Rather, through the doctrine alone, the couple is recognized as the legal parents. Congruently, the gestational parents, and donors, if applicable, relinquish their parental rights and duties.

A couple’s parentage is not jeopardized by filing for divorce. There are, however, extra steps that must be taken to address the gestational agreement when petitioning for a dissolution of marriage.

Mentioning the Agreement in Your Divorce Petition

Couples must disclose certain information regarding their gestational agreement when they file for divorce. The parents’ petition must state:

  • That they have entered into a gestational agreement, thus establishing a parent-child relationship with that child
  • Whether the child has been born yet
  • Whether the gestational agreement has been validated

By acknowledging the existence of the gestational agreement within the petition, a couple documents their anticipation of a child and each parties’ position as a parental figure. Doing so protects the custodial parent’s right to child support.

Attorney Camille R. Borg is dedicated to protecting you and your child. Trust her to guide you through your divorce and help you properly disclose your gestational agreement. Call today to get started: (469) 646-7763.

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