Surrogacy in Florida

Gestational Surrogacy in Florida

Surrogacy is legal in Florida. In Florida, gestational surrogacy is permitted by statute (Ch.742.15 FL Stat.) but only for married couples. However, surrogacy is still available to unmarried and single intended parents in Florida via court orders so long as one intended parent has a genetic connection.

Understanding Surrogacy Laws in Florida

Legal Parentage

Although technically providing pre-birth orders, Florida is unique in that the pre-birth orders act more as interim orders for medical decisions and paternity. A post birth order must be obtained before a birth certificate containing the Intended Parents’ names will be issued. Florida also has a strict medical need requirement with the statute providing specific medical requirements such as the intended mother is not able to physically gestate a pregnancy to term.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Florida Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Florida Surrogacy Law

Do You Need a Medical Need for Surrogacy in Florida?

Florida requires a medical need for surrogacy, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Florida permits married couples to pursue surrogacy. Partnered couples may also be able to pursue, but will need to discuss options with an experienced professional.

Do Intended Parent(s) need a genetic connection to the embryo?

In Florida, at least one intended parent needs a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Florida?

International parents can pursue surrogacy in Florida. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Florida allows surrogacy for married couples including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Florida. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Florida?

Generally no. Intended parents do not need to be Florida residents for the Act to carry out a surrogacy journey in Florida. Similarly, gestational carriers are not required to reside in Florida, but for the Act to cover their agreement, they usually must give birth within the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

Florida outlines the rights and requirements of a surrogate. Learn more about surrogate rights.

Understanding Surrogacy Terminology

Navigating surrogacy laws in your state requires familiarizing yourself with the legal terms commonly used in these laws and contracts. Explore the distinctions between gestational, traditional, and altruistic surrogacy, along with other key surrogacy terms, in our comprehensive surrogacy glossary.

DISCLAIMER: The information in this blog does not constitute legal advice and should not be construed as such. The information contained is strictly for informational purposes only. ConceiveAbilities does not represent or warrant the content to be error-free.