The Inclusivity of Surrogacy in Florida: A Comprehensive Guide for Intended Parents

Jan 22, 2025

Surrogacy is a deeply personal and life-changing journey and navigating the legal aspects can be complex. If you’re considering surrogacy in Florida, it’s important to understand the eligibility requirements, legal processes, and protections in place. As shared on my podcast “The Surrogacy Space,” Florida is widely regarded as one of the most surrogacy-friendly states in the U.S., offering a supportive environment for a range of family structures, including single parents, married couples, unmarried couples, and those using donor materials like sperm, eggs, or embryos.

Florida’s laws are designed to be inclusive, allowing individuals to pursue surrogacy regardless of marital status or genetic connection to the child. For married couples using their own genetic material, Florida’s surrogacy statute applies. Single individuals, unmarried couples, or those using donor embryos must proceed through the state’s adoption statute, specifically the “pre-planned adoption” process. Though the pathways may differ, the overall legal framework ensures the rights and responsibilities of both the intended parents and the surrogate are protected.

Before beginning fertility treatments or surrogacy medications, it is crucial to have an enforceable surrogacy contract. This contract should clearly outline the roles, expectations, and legal rights of all parties involved. Working with an experienced attorney to draft this contract is an essential step to avoid future disputes and ensure everyone is informed of their obligations.

One of the most critical aspects of surrogacy in Florida involves birth certificates. Unlike in some states, the birth certificate is not automatically issued to the intended parents. Instead, a post-birth court order is required to add the intended parents to the birth certificate. In some cases, a pre-birth order is also recommended. This order, obtained before birth, ensures the intended parents’ rights are recognized by medical staff, facilitating smooth access to the child and decision-making during delivery.

Florida law also includes a medical necessity requirement for surrogacy. A doctor must certify that the intended mother cannot carry a pregnancy to term, or that doing so would pose a risk to her or the baby’s health. This requirement highlights the importance of a thorough medical evaluation before proceeding with surrogacy.

Working with an experienced attorney who understands Florida’s surrogacy laws is essential to ensure a smooth process. While Florida’s laws provide a solid foundation for surrogacy, additional legal considerations may arise depending on your specific circumstances. If the birth occurs in Florida, the state’s laws will generally apply, but there are situations where Florida’s laws may still govern, even for parents from other states.

In conclusion, Florida’s inclusive and supportive surrogacy laws make it an excellent choice for a diverse range of family structures. With clear legal processes, enforceable contracts, medical evaluations, and birth certificate protections, Florida offers a welcoming environment for those pursuing surrogacy. If you’re ready to begin your surrogacy journey or have questions, please feel free to reach out to me at [email protected]. For a deeper dive, we encourage you to listen to the full podcast episode here.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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The Inclusivity of Surrogacy in Florida: A Comprehensive Guide for Intended Parents

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