Center for Surrogate Parenting, LLC.

Florida Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Florida surrogacy law


Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Florida surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed dozens of finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Florida surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Yes, surrogacy is permitted by statute, but 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.

    • Does the state have surrogacy laws and/or case law?

      Yes, Florida has statutes that establish the legality of surrogacy arrangements and set forth the requirements for enforceability.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Florida courts are typically favorable towards surrogacy arrangements.

    • Is commercial surrogacy legal?

      Yes, the intended parents may agree to pay reasonable living, legal, medical, psychological and psychiatric expenses of the gestational surrogate that are directly related to pregnancy, birth and postpartum.

    • Is traditional surrogacy permitted?

      Yes.

    • Is gestational surrogacy allowed?

      Yes.

    • What are the requirements for an enforceable surrogacy contract?

      A gestational surrogacy contract shall be binding and enforceable if all parties are over 18 and the intended parents are married. Also, a licensed physician must determine that the intended parents cannot physically and safely carry a pregnancy to term.

      The contract must include a provision stating that the parties agree that the surrogate will be the sole source of consent for the intervention and management of the pregnancy. It should also include a provision that the surrogate agrees to submit to reasonable medical evaluation and treatment and agrees to adhere to any medical instructions for prenatal care. Finally, the agreement must state that the surrogate agrees to relinquish any parental rights, and the intended parents agree to accept custody of and to assume full parental rights of the child immediately following delivery.

    • Are pre-birth and post-birth orders permitted?

      Yes. Pre-birth parentage orders are suggested, but are not required, to be filed in the second trimester. However, they are typically only available to married couples (same-sex or heterosexual) where at least one intended parent shares a genetic relationship with the child.

      Post-birth orders are required. The intended parents must file the petition for affirmation of parental rights within 3 days following the birth of the child. However, post-birth orders will only be granted to married intended parents where at least one of them is genetically related to the child.

    • Can both intended parents be declared the legal parents?

      Yes, if at least one parent is genetically related to the child, and if the intended parents are married, regardless of sexual orientation. No, if neither is genetically related to the child, or if unmarried.

    • Will the state honor a pre-birth order issued by another state?

      No.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The intended parents will receive the birth certificate 4 weeks after the baby’s birth. Same-sex parents will be named as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They can subsequently obtain a birth certificate that names only the biological father or both fathers, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      Yes. If neither intended parent shares a genetic relationship with the child, or in traditional surrogacy arrangements where the surrogate shares a biological relationship with the child, a post-birth adoption must be completed to terminate the surrogate’s parental rights and establish the intended parents’ rights.

    • Are second-parent adoptions permitted?

      Second parent adoptions are permitted.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.