Legislative Milestone in Florida’s Surrogacy Landscape:
Florida's surrogacy laws create a structured yet flexible environment for individuals and couples wishing to pursue surrogacy, provided that all legal processes are carefully followed.
Surrogacy Contracts
Florida surrogacy contracts must detail the responsibilities and rights of all parties, including the Surrogate's consent for pregnancy-related medical interventions, agreement to follow medical instructions, and the relinquishment of legal rights to the child post-birth. The Intended Parents must accept parental rights irrespective of any baby's impairment.
Parental Rights
Florida permits and recommends pre-birth orders, though not legally required, to facilitate parental rights establishment at birth. Intended Parents must file a petition for affirmation of parental status during the second trimester.
Legal Rights of Surrogates:
All the rights and obligations of a Surrogate are regulated by the legal agreement.
Who Can Benefit from Surrogacy in FL?
Heterosexual married couples with a genetic link to a child
Same-sex married couples with a genetic link to a child
Surrogacy Environment in Florida:
Gestational surrogacy is explicitly legal under Fla. Stat. Chapter §742 and is a common practice. This surrogacy involves an agreement where the surrogate has no genetic ties to the child.
Advantages of Surrogacy in FL
Florida's surrogacy laws create a structured yet flexible environment for individuals and couples wishing to pursue surrogacy, provided that all legal processes are carefully followed.
