Affirmation of Parental Status After Surrogacy Under Florida Law
Typically, upon the birth of the child, the surrogate’s name is placed on the birth certificate commonly with the name of the intended father. The intended parents who use the services of a surrogate must obtain a court order determining legal parentage for the child. The court order directs the appropriate state department of vital records to place the intended parents' names on the birth certificate of the child delivered by the gestational carrier.
In Florida when using a Gestational Surrogacy Agreement (not applicable to Pre Planned Adoption Agreement), the law provides an expedited procedure to affirm the child’s parentage within 3 days of birth. This procedure is an expedited, non-adversarial process that will result in the issuance of a new birth certificate with the intended parents being designated as the parents. The Names of the parties and all papers and records are under seal and the proceedings are held in closed court.
Pursuant to Florida law, when at least one member of the intended parents is the genetic parent of the child, the intended parents shall be presumed to be the natural parents of the child.
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