Consider Your State's Surrogacy Laws:
Each state has different laws, or no laws at all, governing surrogacy. In some states, it is a crime to compensate a surrogate. Some states do not have clear laws or procedures governing surrogacy which could jeopardize the parental rights of the parties involved and cause legal uncertainty for the parties. Florida is a surrogacy friendly state where anyone can legally work with a surrogate. It does not matter whether the intended parent(s) are married, single, heterosexual or same sex couples, or whether the intended parent(s) are using donor eggs, sperm, or donor embryos in the creation of their embryo, there is a means to confirm parental rights of the intended parent(s) and terminate the rights of the gestational surrogate in Florida.
Florida is Surrogacy Friendly:
Florida is a surrogacy friendly state as Florida has a legal framework within Florida statutes which governs surrogacy so that the rights of the intended parent(s) and surrogate are protected and a clear path is established to finalize parental rights in favor of the intended parents.
Florida law permits the intended parent(s) to pay the surrogate for her reasonable living, legal, medical, psychological, and psychiatric expenses that are directly related to prenatal, intrapartal, and postpartal periods of the pregnancy. The Florida surrogacy laws are also clear that the surrogate terminates her parental rights to the child(ren) born to her and she cannot change her mind to this termination unless the child(ren) ends up being her genetic child(ren) (i.e. she had intercourse at a time she was prohibited from doing so). The Florida surrogacy laws are also clear in that the intended parent(s) must assume parental rights to the child(ren) regardless of any impairment.
Legal Considerations for Surrogacy in Florida
It is important for intended parent(s) to consult with a reproductive attorney licensed in Florida prior to starting the surrogacy process. One of the first determinations is whether the parties have the appropriate connections to Florida to utilize Florida surrogacy laws. Another important consideration is the Florida surrogacy laws differ depending on the facts of the case. One set of Florida law governs surrogacy for married couples using the genetics of at least one member of the intended parents and another set of Florida laws governs surrogacy contracts for single, unmarried couples, or parents using donated embryos. Regardless of the laws utilized, surrogacy is possible for everyone in Florida. Another consideration to determine is that in Florida, a doctor must determine that surrogacy is medically necessary either because the intended parent(s) cannot gestate to term, or if a pregnancy would be a risk to the physical health of the intended mother or a risk to the health of the fetus.