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
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements for Surrogacy 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.