Surrogacy

Whether you are the surrogate mother, or the intended family, we can imagine how both scary and exciting the journey can be. The good news is, with the proper guidance and proper prior preparation, we can make the journey as smooth as possible.

We understand the importance of the surrogacy contract and all parties having a solid and unified understanding of its terms. Legal and medical expenses, compensation, diet and lifestyle changes, lost wages, and other incidental expenses all need to be agreed upon, resulting in a valid signed surrogacy contract. Having both parties on the same page at all times is the key to a successful surrogacy.

The surrogacy process involves coordinating between the hospital and the court, and other potential third parties. The pre-birth order, which is signed by a judge, provides direction to the hospital during birth, including who has the right to make decision regarding the child. The post-birth order will result in the intended parents officially receiving a birth certificate reflecting them as the legal parents.

“The greatest good is what we do for one another.”

-St. Teresa of Calcutta (Mother Teresa)

Florida law provides for both Gestational surrogacy and Traditional surrogacy. Gestational surrogacy is where the surrogate does not share any genetic material with the Child. A Gestational Surrogacy contract is covered under section 742.15, Florida Statutes. Under the statute the surrogate must be at least 18 years old and the parents, or commissioning couple as they are referred to in the statute, must be legally married and both over 18 years old, for the contract to be binding.

For Gestational Surrogacy the Child must be conceived by means of assisted reproductive technology using the eggs or sperm of at least one of the intended parents.

The law further provides a licensed physician must determine with reasonable medical certainty that:

(a) The commissioning mother cannot physically gestate a pregnancy to term;

(b) The gestation will cause a risk to the physical health of the commissioning mother; or

(c) The gestation will cause a risk to the health of the fetus.

Florida law also provides for a route for Traditional Surrogacy where the birth mother / surrogate shares genetic material with the child. In Florida, this is referred to as a Preplanned Adoption. The intended parents are allowed to cover reasonable medical and living expenses for the surrogate or volunteer mother as referred to in the Florida Statutes; other types of compensation are very limited and subject to specific criteria.

Preplanned Adoption Agreements are covered under section 63.213, Florida Statute. The volunteer mother also has a right of rescission up to 48 hours after the birth of the child. Furthermore, any party can terminate the agreement at any time.

Potential important considerations may include, but not be limited to:

- Medical instructions such as avoiding drugs, alcohol and dangerous activities 

- Medical examinations and testing such as for venereal diseases

- Post birth contact

- Specific expenses for reimbursement 

Due to the complexity of Gestational Surrogacy Contracts, and Traditional Surrogacy and Preplanned Adoption Agreements in Florida, it is highly recommended that you consult with a lawyer before moving forward.

We know the process may seem daunting, but we are here to ease the load. Our firm understands the legal process, including filing the required agreements and motions and appearing in court. As you prepare and welcome your baby home, we will obtain the necessary orders so that you can focus on what’s most important, family.