Florida law allows both gestational and traditional surrogacy on the basis of several different statutes. Gestational surrogacy is regulated by Ch.742.15 FL Stat., which sets the conditions under which married Intended Parent(s) with at least one genetic connection to their child can file Petitions for Affirmation of Parental Status.
However, unmarried or single Intended Parent(s) or Intended Parent(s) with no genetic connection to their child can establish parentage via a preplanned adoption agreement under Florida’s adoption code (Ch.63.213 FL Stat). Traditional surrogacy cases are also treated as preplanned adoption agreements.
Can a parentage order be obtained for the following?
Although traditional surrogacy is permitted by statute in Florida, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate can withdraw her consent within 48 hours of the birth of the child since the surrogate is genetically related to the child.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order under Florida Statute 742.16?
– Both Intended Parent(s) can be named on the parentage order
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Single Intended Parents, unmarried Intended Parent(s), and Intended Parent(s) with no genetic connection to their child may receive a parentage order for their child, but the process is treated like a preplanned adoption agreement under Florida Statute 63.213. The pre-planned adoption agreement is similar to surrogacy contracts, providing the same protections and rights to Intended Parent(s) and surrogates. Under the pre-planned adoption agreement, the surrogate signs an adoption consent where she agrees to waive parental rights to the child; this cannot be revoked except in cases of traditional surrogacy where there is a 48-hour waiting period.
Intended Parent(s) may be listed as Father-Mother or Parent-Parent.
According to Ch.742.14 FL Stat., egg, sperm or embryo donors relinquish all parental rights to the donated gametes or a resulting child.
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Gestational surrogacy and Traditional surrogacy contracts are regulated and enforced under Florida law.
Independent counsel is recommended for all parties involved in a surrogacy agreement.
Agencies and fertility clinics may have additional requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.
Courts will issue pre-birth orders but they are not required by law. A pre-birth order does not establish legal parentage but is recommended. Post-birth orders are required and will direct Vital Statistics to issue a birth certificate with the Intended Parent(s) name on it.
Because of the statutory support and courts that welcome families of all kinds, international Intended Parent(s) may find doing surrogacy in Florida a friendly, straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
Alexia Gertz Law
2021 East Commercial Blvd
Fort Lauderdale, FL 33308
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019