Gestational Surrogacy Regulations in Florida

Overview

Gestational Surrogacy in Florida is permitted under Florida Ch. 742.15 FL Stat. Gestational Surrogacy contracts will not be enforceable unless the Intended Parents are married and all parties to the contract are 18 years of age or older.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
Must be married
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Resident status:
No* (see FL specific requirements)
Child abuse and criminal background checks:
Yes
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
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:
Yes
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)

Birth of Child

Birth in Florida:
Yes
Birth outside of Florida:
Yes

Pre-Birth Orders are suggested, but not required, to be filed once the pregnancy reaches the second trimester but are typically only available to married couples where at least one Intended Parent shares a genetic relationship with the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes

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:
No
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:
Parent 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.
Legal content provided by:

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.