Surrogacy Law

Since surrogacy is so well protected here, Florida has become a frequent location for surrogacies all over the world.
 

 Florida currently has two excellent statutes that specifically regulate surrogacy.

The section of Florida law that permits and outlines the genetic surrogacy procedure is described in Florida Statute 63.212(1)(i). This law provides that a couple wishing to enter into such an arrangement must sign an agreement with a surrogate for her to carry the biological child of the intended father. The surrogate agrees that upon birth, the intended couple will obtain custody and later adopt the child. Signed consents are required prior to birth and are subject to revocation within seven days after birth  (to the best of my knowledge, a genetic surrogate has never tried to rescind a written agreement in the state of Florida). In general, the adoption process with genetic surrogacy is an easy and reliable procedure. 

Unlike the few states that permit genetic surrogacy, no fee or compensation may be paid to the surrogate here in Florida. This can save the intended parents tens of thousands of dollars!  Expenses, including reasonable living expenses are given to the genetic surrogate regardless of the final pregnancy outcome.

The section of Florida law that permits and outlines the gestational surrogacy procedures is described in Florida Statute 742.15. This law states that a couple wishing to enter into such an arrangement must sign an agreement with a gestational surrogate to carry a child. Upon the child’s birth, the surrogate will then deliver custody to the intended couple. No consent other than the original written agreement is necessary. The agreement is reviewed by the Court to confirm that it is in accordance with the law so that a new and accurate birth certificate can be issued. This process is much simpler and less risky than an adoption. 

Most frequently, the intended couple reimburses the gestational surrogate for reasonable living expenses, pregnancy and delivery costs. Once again, no actual compensation is permitted in Florida, which can save the intended parents tens of thousands of dollars.  

In many states other than Florida, surrogacy is banned, ill defined or provisionally permitted by interpreting analogous statutory laws. Only a handful of states expressly allow surrogacy in their statutes.  
 

Florida has some of the most comprehensive and progressive laws existing today that protect the baby, the intended parents, the egg donor and the surrogate herself.

Specifically, in Florida, gestational surrogacy is regulated through the paternity statute. Interestingly, gestational surrogacy allows for a greater number of combinations including the use of donated eggs (other than those from the intended mother) or donated sperm (other than sperm from the intended father). Since the surrogate does not have a genetic investment in the process, the Florida statutes still hold.

Entering into a surrogacy arrangement is a complicated matter involving the coordination of legal, medical and mental health professionals. It is necessary to engage the services of an attorney for each party: the intended couple and the surrogate. If the surrogate has a partner, their participation should be encouraged.  Both types of surrogacies require a written agreement, which is submitted to a court upon initiation of the legal proceeding to either complete the adoption (genetic surrogacy) or confirm parentage (gestational surrogacy).

Because the legal uncertainties surrounding surrogacies has been pretty much resolved in  Florida, Florida is an ideal state to establish and complete a surrogacy arrangement.  

Surrogacy is a wonderful method for many couples to start and expand their family. Consultations with qualified medical and legal professionals are necessary to determine the appropriate route for each couple.