Yes, although it carries more legal and ethical risks than gestational surrogacy. Governed by Fla. Stat. §63.213, traditional surrogacy laws in Florida are more like adoption laws than anything else.

Since traditional surrogacy more closely resembles adoption under Florida surrogacy laws and is less common, you should familiarize yourself with the legal processes associated with adoption.

Meanwhile, gestational surrogacy laws in Florida are unambiguous and for both the gestational surrogates and intended parents. This type of surrogacy is legal under Fla. Stat. Chapter §742 and more prevalent in Florida.

Commercial surrogacy, or compensated surrogacy, is legal in Florida and regulated by the same laws as apply to other forms of surrogacy. However, understand that the intended parents are not paying the gestational carrier for a baby. Instead, surrogacy compensation is intended to compensate the carrier for any associated costs or risks of surrogacy. These terms of payment will be outlined in the surrogacy contract.

The legalization of same-sex marriage also grants those who fall into that category access to family-formation options like surrogacy and adoption. It also outlines a nearly identical process for heterosexual couples, with the only significant difference being working with a sperm or egg donor. For more info on LGBTQ+ surrogacy, contact our office in Delray Beach, FL.

A surrogacy contract outlines the terms of the agreement between the intended parents and the surrogate and the surrogate’s spouse if applicable. It ensures no parental rights remain with the surrogate or spouse and must be started before any medical processes. Therefore, it is vital to work closely with a surrogacy attorney in Delray Beach when forming this contract.

These contracts outline all crucial considerations like parental rights, compensation, social roles, and other requirements of both parties involved. Fla. Stat. §742.15 requires that the contract must state that the surrogate:

1. Consents to clinical intervention and management of the pregnancy.
2. Agrees to reasonable medical evaluation and treatment and will agree to follow all medical instructions.
3. Will give up all legal rights to the child after birth.
4. Will assume legal rights and parental responsibilities for the child born to her if neither intended parent is genetically related to the child.

It also included that regardless of any status of impairment of the child, the intended parents will accept parental rights.

After a consensus has been reached with the terms outlined in the contract, the rest of the process can begin.

While not absolutely required, pre-birth orders are not only legal in Delray Beach, FL, but encouraged. The order eases the process, allows the intended parents to be present for the birth, and smooths the process of changing the birth certificate to state the intended parents’ names. While it does not explicitly outline parental rights, it can help facilitate them later on and is a recommended additional step.

Fla. Stat. §742.16 requires that the intended parents file a petition to affirm parental rights within three days after the child’s birth. If it is approved by the court, it will guarantee the transfer of parental rights.

If the child is not genetically related to the intended parents and is to the surrogate, Fla. Stat. §63.213 mandates that the intended parents complete the adoption process after the child is born. This means the surrogate’s parental rights must be terminated to establish the rights of the intended parents. However, this step is not required in gestational surrogacy.

Contact a Florida surrogacy professional in Delray Beach, FL, with any questions or concerns you may have surrounding the process.

Click here to learn more about helping create a family by being a surrogate mother.