State-by-State Surrogacy Laws: Surrogacy in Florida
Have you been told you need a surrogate or are you a woman that has dreamed of carrying a child for a grateful family and know it would be an amazing experience for you? Are you considering surrogacy in the Sunshine State? Read more below to learn more about some of the things to keep in mind as you are exploring the possibilities of a journey there. Especially if this is your first time researching surrogacy, it’s critical that you take the time to research the basics as the process can be overwhelming for both Intended Parents and surrogates alike. Lean on credible sources, and most importantly, always discuss the process and available options with a Reproductive Endocrinologist (as an Intended Parent) and a qualified Assisted Reproduction attorney (as both a surrogate and as an Intended Parent).
While this page can be your resource on things to consider when pursuing a surrogacy journey in Florida, it isn’t meant to substitute the valuable legal advice you receive from a qualified Assisted Reproduction attorney. It’s prudent that you get specific localized advice tailored to your unique situation from a qualified legal professional. You can access our attorney directory to find legal counsel to represent you and answer specific questions you may have.
Can you undergo a surrogacy journey in the state of Florida?
Yes, gestational surrogacy is permitted by statue (Ch. 742.15 FL Stat.) though surrogacy contracts are considered not enforceable unless the Intended Parents are married (regardless of sexual orientation). Other types of Intended Parents can still pursue surrogacy, though they may have to file for pre-planned adoptions in lieu of pre-birth orders and there may be other legal hurdles and considerations. Surrogacy contracts for Intended Parents who are unmarried may be presumed enforceable under the state’s standard contract law. Speak to an attorney licensed in Florida to learn more. Traditional surrogacy is also permitted in Florida, though the surrogate can revoke consent to enter a pre-planned adoption so there are more risks Intended Parents need to be aware of.
Can Intended Parents match with a surrogate without an agency in Florida? Are you able to do a surrogacy journey there without an agency?
This is always an option for anyone that needs a surrogate or for the surrogates themselves who prefer to avoid being tethered to an agency. There are a plethora of reasons why independent journeys are done.
Who is eligible to utilize the services of a surrogate in Florida?
Pre-birth orders are generally available only to married couples (heterosexual or LGBTQ+) in the state, though pre-planned adoptions are common and available. Anyone who needs a surrogate whether it be for infertility or genetic issues they simply do not want to pass along to their children can pursue surrogacy in Florida.
Many families in Florida were successful created via surrogacy.
Some more info to know about surrogacy in Florida:
Pre-birth orders are available to married couples (same-sex or heterosexual) in instances where at least one Intended Parent has a genetic relationship with the child. If neither Intended Parent is biologically related to the child(ren) or under a traditional surrogacy arrangement, post-birth adoptions where the surrogate surrenders her parental rights need to occur to establish legal parentage. Unmarried couples do not enjoy the same protections as married couples in the state of Florida.
Surrogacy contracts are generally drawn in the state the surrogate is a resident of. Surrogates should never move or be asked to relocate to another state with the intension of pursuing more favorable local laws. Some of the things that must be agreed to by both parties in advance include medical decisions, compensation, restricted activities during pregnancy, and a process for reimbursing expenses.
One extremely important thing to consider about surrogacy in Florida is that abortion is currently illegal in most circumstances and is likely to become even more restrictive in the future thanks to a pro-life legislature and governor. This will severely limit access to Reproductive healthcare locally even in wanted pregnancies such as those that happen via surrogacy.
How Can I Become Surrogate in Florida?
Start by considering whether you’re qualified. You can this short quiz to learn more and see if you meet some of the basic requirements.
Here’s an overview of some of the qualifications you’d be expected to meet:
- Prior pregnancy(ies) are required and you should have had no major medical complications throughout such as preeclampsia or gestational diabetes.
- Be between the ages of 21-44, though your exact age requirement may vary by individual circumstance and clinic.
- You should be a mom having raised or are raising at least one child.
- You cannot be on government assistance and must have secure and safe housing. Your finances should be stable.
- You are responsible and follow doctor’s orders readily.
- You do not use recreational drugs and are willing to forgo alcohol during pregnancy.
- Your general health is excellent and your BMI is in an acceptable and safe level for pregnancy as determined by a medical professional.
If you’re qualified to become a surrogate, congrats – you are ready to match with Intended Parents. Know the criteria that’s important to you as you begin this process.
After a period of matching where you find the one you want to undergo your journey with, legal contracts will be drafted. Following legal, you’re ready for embryo transfer with the hopeful goal of a resulting pregnancy!
If you’d like more of a step-by-step overview of the process, you can visit this blog entry.
Why might surrogates in Florida prefer Independent matching? Find out here.
Want even more info to make sure you’re ready? Check out our overview.
Are you an Intended Parent searching for a Surrogate in Florida?
You’re in luck. Surrogacy Place has created a platform just for you. It’s a place for surrogates and Intended Parents to match based on individual requirements and personal preferences. If you’re looking for surrogates located in Florida (or elsewhere), we have the tools to search by location.
Surrogacy Place’s platform is free for surrogates while Intended Parents pay a small subscription fee. If you want to create your account, start here.
Let’s talk about some of the biggest advantages of doing an independent surrogacy journey in Florida
At the top of the list are the enormous cost savings for Intended Parents which can generate higher compensations for surrogates with more of the available compensation going directly to the surrogate! More than that, however, going independent also allows both sides to match on their specific and individual criteria including location if looking for someone local to you. Those undergoing independent journeys also love the ability to communicate regularly and directly specifically express their thoughts and needs throughout the journey without having to go through an agency coordinator who isn’t always well suited for the role or available. Additionally, you’ll avoid pressure and sales tactics from agencies who often prioritizing their own financial stake vs objectively evaluating a match that is an ideal fit.
What are some of the various costs Intended Parents can expect to pay? We have a guide.
Looking for surrogacy information for another state? Explore our surrogacy by state directory.