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.
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.
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