Gestational Surrogacy Regulations in Florida

Overview

Gestational Surrogacy in Florida is permitted for married intended parents (using at least their egg and/or sperm) under Florida Ch. 742.15 FL Stat. Gestational Surrogacy contracts will not be enforceable unless the statutory requirements are met required by Florida law. Florida law does require a medical need for surrogacy which includes if the intended parent(s) cannot gestate to term or pregnancy would cause a risk to the intended mother or fetus. For single intended parents, unmarried intended parents, or intended parent(s) using a donated embryo, surrogacy is legal and permissible in Florida pursuant to Florida Statutes Chapter 63.213, referred to as a Pre-Planned Adoption.

Intended Parents

Age requirement:

18 years of age or older

Marriage requirement:

Married heterosexual couple:

Yes

Married same-sex couple:

Yes

Unmarried heterosexual couple:

Yes

Unmarried same-sex couple:

Yes

Resident status:

No* (see FL specific requirements)

Child abuse and criminal background checks:

Independent legal counsel:

Yes

Gestational Surrogates

Age requirement:

18 years of age or older

Marriage requirement:

If married/partnered:

husband’s/partner’s sperm cannot be used

Surrogate status:

Gestational and Traditional Surrogacy

Mental health counseling:

Yes

Resident status:

No* (see FL specific requirements)

Child abuse and criminal background checks:

Use of own embryos:

Yes*

Independent legal counsel:

Yes

*Traditional surrogacy is permitted in Florida. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*

Embryos

Intended Parents own sperm:

Yes

Intended Parents own eggs:

Yes

Intended Parents using sperm donor:

Yes

Intended Parents using egg donor:

Yes

Intended Parents using both egg and sperm donor:

Yes* (A post-birth adoption must be completed in order to terminate the surrogate’s parental rights and establish that of the Intended Parents)

Pre-Birth Orders are suggested, but not required, to be filed once the pregnancy reaches the second trimester. In Florida a post birth order is required to name the intended parent(s) on the Florida birth certificate.

Florida Specific Requirements (only one need apply)

Birth happened in Florida:

Yes

Intended Parent(s) reside in Florida:

Yes

Gestational Carrier resides in Florida:

Yes

Medical procedure for assisted reproduction was performed in Florida:

Yes

General Information

Will Florida Vital Records honor a Pre-Birth Order from another state:

What is the typical time frame to obtain a birth certificate after delivery:

4 weeks

How are same-sex parents named on the final birth certificate:

Mother or Father and Parent

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:

Yes

Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:

Yes

Second Parent and Stepparent Adoptions for Florida Residents:

This situation typically arises if the child is born outside of Florida. The parents then return to Florida to obtain a second parent adoption or stepparent adoption in Florida. Florida permits stepparent adoptions as well as adoptions by single Intended Parents. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in Florida?

Traditional Surrogacy in Florida is permitted. Although it may be allowed in Florida, please consult with a local attorney to determine if you can move forward with traditional surrogacy.

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.