Learn About Third-Party Assisted Reproduction & Surrogacy Law in Florida
Everything you need to know about fertility law in Florida, including surrogacy, egg donation, sperm donation, and embryo donation.
Reviewed/Written by Casey O’Connell, Reproductive Lawyer at Klein Fertility Law
Key Legal Requirements in Florida
- Gestational surrogacy is permitted, including compensated arrangements.
- Surrogacy agreements should be signed by all parties before the embryo transfer procedure.
- Parentage is established through post-birth court orders; pre-birth orders are not available.
- Unmarried intended parents may need to complete a post-birth adoption process.
- Court involvement is required to secure an updated birth certificate naming the intended parents.
Florida Surrogacy Law: What You Need to Know
Florida permits surrogacy for married and unmarried couples, same-sex couples, and single parents. While parentage orders are granted after birth, the legal process is well established. With a properly executed agreement and attorney guidance, intended parents can expect the timely issuance of an updated birth certificate naming them as legal parents.
Florida Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed, but legal protocol to establish parentage involves a post-birth adoption process. |
| Pre-Birth Parentage Orders | Parentage Orders are entered post-birth. |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex and less common |
| Surrogacy Agreement | All parties should enter into a surrogacy agreement prior to an embryo transfer procedure |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Non-Genetic parents are recognized as parents through post-birth court proceedings |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | The birth certificate worksheet/ birth record, which is submitted to the Florida Vital Records will list the surrogate’s name and her husband, if married. The post-birth parentage order will allow the Florida Vital Records to issue a birth certificate with the intended parents’ names listed as the parents of the child born through gestational surrogacy. The birth certificate will be available about 5 days after the post-birth parentage order has been provided to the Florida Vital Records. |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Florida for personalized advice.