Surrogacy Agreements Can Be Complicated

Gestational surrogacy is when a woman is implanted through in vitro fertilization with an embryo created using the sperm and eggs from the intended parents. The surrogate mother has no genetic relationship to the child. Florida Statute 742.15 permits and describes gestational surrogacy procedures for Florida. A written agreement must be entered into by the intended parents and the gestational surrogate which states that the surrogate will carry a child.

The intended parents will take custody of the child after his/her birth and no other consent, other than the original written agreement, is necessary. The court will review the agreement and ensure that it is in accordance with the law. Later, a new birth certificate can be issued which reflects the correct parents. Like with genetic surrogacy, financial compensation is prohibited but the gestational surrogate is often reimbursed for reasonable living expenses, pregnancy and delivery costs.

Not All Surrogacy Arrangements Are The Same

Genetic surrogacy is the artificial insemination of a woman who will carry a child who is genetically hers and the sperm donor's. The sperm may be donated from one of the intended parents. This kind of surrogacy is more risky than gestational surrogacy. Florida Statute 63.212(1)(i) is the statute that deals with genetic surrogacy in Florida. In general, the adoption process with genetic surrogacy is a relatively smooth process. When a couple or individual wants to obtain a surrogate to carry their child, a written agreement must be entered into by the surrogate, father and mother.

The agreement will state that the surrogate will carry the child and that after the child's birth the intended parent(s) will care for and later adopt the child. Signed consents must be obtained prior to the child's birth and are subject to revocation within seven days after birth. No fee or compensation may be paid to the surrogate in Florida; however, expenses, including reasonable living expenses, are given to the genetic surrogate.

Learn More About The Process

Contact our attorneys at Family Matters Law Group, P.A., for a phone consultation. Email us your contact information or call toll-free at 866-593-0459.