Florida Surrogacy: Laws & Complete Guide
Is Surrogacy Legal in Florida?
- Is gestational and traditional surrogacy legal in Florida?
- What specific surrogacy requirements apply in Florida, if any?
- What must be included in a legally valid Florida surrogacy contract?
- What factors influence the cost of surrogacy in Florida, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Florida compared to other states?
- How friendly is LGBTQ+ surrogacy in Florida?
General Surrogacy context in Florida
Statutory & case-law breakdown In Florida
Florida has clear cut laws for gestational surrogacy making it relatively easy to become an intended parent. Surrogacy is permitted by statute, but gestational surrogacy contracts will not be enforceable unless the Intended Parents are married and all parties to the contract are 18 years of age or older, pursuant to Fla. Stat. Chapter §742 The laws for traditional surrogacy; however, are similar to adoption laws making it a much more difficult path to pursue.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Florida, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Florida.
Is Gestational Surrogacy Legal in Florida?
Yes. Surrogacy is permitted by statute, but gestational surrogacy contracts will not be enforceable unless the Intended Parents are married and all parties to the contract are 18 years of age or older, pursuant to Fla. Stat. Chapter §742.
Is Traditional Surrogacy Legal in Florida?
Yes. Traditional surrogacy is permitted; however, it is a risky path to pursue. Governed by Fla. Stat. §63.213, traditional surrogacy laws function more like adoption laws which means that the surrogate maintains legal parental rights of the child.
Although intended parents and the surrogate consent to and sign what’s called a “preplanned adoption agreement”, the surrogate maintains parental rights of the child and can revoke her agreement to terminate her rights up until 48 hours after the child is born. If the surrogate revokes her consent to give up her parental rights, she will assume the legal parental rights and responsibilities for the child. Additionally, if a court does not approve the preplanned adoption agreement, the surrogate will assume legal responsibility for the child.
Is Compensated Surrogacy Legal in Florida?
Yes. Surrogacy laws in Florida confirm a surrogate’s right to receive compensation and the legal enforceability of these surrogacy contracts; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
- Travel to and from clinic/hospital
- Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
- Other depending on agency
Surrogate Compensation in Florida
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Florida
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Florida?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Creating a Florida Surrogacy Contract
Florida surrogacy contracts are created between the intended parents and a gestational surrogate (and her spouse, if she’s married, to acknowledge that he has no parental rights)
Intended parents and the surrogate must have separate attorneys in the contract phase. Fla. Stat. §742.15 requires that the surrogate contracts state at least the following information.
The surrogate must agree that she:
- Is the sole source of consent in regards to any clinical intervention of the pregnancy
- Will submit to reasonable medical evaluation and treatment and will agree to follow all medical instructions
- Will relinquish all legal rights to the child after he/she is born
- Will assume legal rights and parental responsibilities for the child born to her if neither intended parent is genetically related to the child
The contract must also state that the intended parents agree to accept parental rights over the child regardless of any impairment of the baby.
Once the intended parents, the surrogate, and her spouse (if applicable) consent to and sign the surrogacy contract, the medical process of surrogacy can begin.
Determining Legal Parentage in Florida
Pre-birth orders are typically only available to married couples (same-sex or heterosexual) where at least one intended parent shares a genetic relationship with the child.
If neither intended parent shares a genetic relationship with the child, or in traditional surrogacy arrangements where the surrogate shares a biological relationship with the child, a post-birth adoption must be completed in order to terminate the surrogate’s parental rights and establish that of the intended parents, pursuant to Florida Ch. 742.15 FL Stat. Florida permits stepparent adoptions as well as adoptions by single intended parents (i.e., similar to second-parent adoptions where unmarried individuals may adopt a resulting child).
Most Common FAQ about surrogacy in Florida
Below is a list of some of the most frequently asked questions about surrogacy in Florida.
Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Florida?
Yes. Surrogacy contracts are enforceable as long as the surrogate is 18 years or older and the intended parents are married.
Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Florida?
No. International intended parents are subject to the same Florida surrogacy laws as domestic intended parents. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
When Do Intended Parents Need to Complete an Adoption After Birth?
If neither intended parent is genetically related to the child in a gestational surrogacy or when pursuing traditional surrogacy, the intended parents must file adoption proceedings pursuant to Fla. Stat. §63.213 to terminate the rights of the surrogate and establish their rights to the child.
Does Florida Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
Yes. Second-parent adoptions are permitted in Florida. In cases where one of the intended parents in a married couple is not genetically related to the child, a stepparent adoption can be completed.
What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm, or Embryo?
Under Florida statute, the donor of any egg, sperm, or embryo relinquishes all rights and obligations to any children born as a result of their donation (Fla. Stat.§742.14).
Same Sex surrogacy in Florida
Is ame-Sex Surrogacy Legal in Florida?
Are There any Additional Laws Impacting Same-Sex Parenting in Florida?
No. There are no additional laws impacting same-sex parents in this state.
Surrogacy Agencies & Legal Professionals in Florida
Looking for a Surrogacy Agency in Florida?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in Florida as your surrogacy agency.
Find out more about how SurrogateFirst can support in Florida here:
Looking for a surrogacy attorney in South Florida, Tampa & Fort Lauderdale?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in North Carolina, provided for informational purposes.
Stephanie Bodolay
Tampa, FL
stephanie@bodolaylaw.com
Visit Bodolay Law for more details
(813) 445-4928
Marla Neufeld, Esq.
Ft. Lauderdale, FL
marla.neufeld@gmlaw.com
Visit Greenspoon Marder LLP for more details
(954) 761-2929
Robert T. Terenzio
Tampa, FL
robert@robertterenzio.com
Visit Robert T. Terenzio, P.A. for more details
(407) 992-6600
Need some help with Legal Aspects of surrogacy in Florida?
What is the Surrogacy Process in Florida?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
