Gestational Surrogacy in Florida | Florida Surrogacy Laws

Surrogacy in Florida

Gestational surrogacy is permitted by statute in Florida (Ch.742.15 FL Stat.) for married couples who file Petitions for Affirmation of Parental Status. The surrogacy statute does not apply to any other intended parent in Florida. However, other intended parents may still pursue surrogacy in Florida, either by filing paternity and maternity petitions or through pre-planned adoptions.

Post-birth Parentage Orders

In some cases, intended parents may obtain an interim pre-birth order that authorizes them to make medical decisions for the child upon birth. However, per the statute, intended parents must obtain a final post-birth order that directs Vital Records to name the intended parents on the child’s birth certificate.

County of the intended parents’ residence, county of the gestational carrier’s residence, county of the child’s birthplace, county of the “adoption entity,” or another venue agreed to by the parties.

Yes.

Yes, but it varies by county.

Varies by county. When there is a hearing, the intended parents and their attorney typically are required to attend, and they are often able to “appear” by telephone only. All evidence is presented by Affidavits.

Yes.

Approximately 4 weeks, but can be expedited to shorten this period considerably.

Can both intended parents be declared the legal parents in a post-birth order under the statute if at least one parent is genetically related to the child?

Married heterosexual couple using own egg and own sperm:

Married heterosexual couple using an egg donor or sperm donor:

Unmarried heterosexual couple using an egg donor or sperm donor:

No, the couple should consider a pre-planned adoption under Chapter 63 or a 2-step maternity/paternity action.

Married same-sex couple using an egg donor or sperm donor:

Unmarried same-sex couple using an egg donor or sperm donor:

No, the couple should consider a pre-planned adoption under Chapter 63 or a 2-step maternity/paternity action.

Single parent using own egg or sperm:

No, the intended parent should consider a pre-planned adoption under Chapter 63 or a maternity/paternity action.

Can both intended parents be declared the legal parents in a post-birth order under the statute if no parent is genetically related to the child?

Married heterosexual couple:

Unmarried heterosexual couple:

Married same-sex couple:

Unmarried same-sex couple:

Single parent:

Same-Sex Couples

“Mother”/“Parent” and “Father”/“Parent”.

Yes.

Yes.

Yes.

Second Parent & Stepparent Adoptions for Florida Residents

Yes.

Note: This situation typically arises if the child is born outside the state. The parents then return to Florida to obtain a second parent adoption or stepparent adoption in Florida.

Yes.

Traditional Surrogacy in Florida

Traditional surrogacy is permitted by Ch.63.213 FL Stat., which governs a pre-planned adoption by intended parents from a “volunteer mother,” who is genetically related to the baby she is carrying. Unlike gestational surrogacy, it is open to any prospective parent. Note, however, that a traditional surrogate’s consent is revocable for up to 48 hours after birth.

State law information provided by the following attorneys practicing Reproductive Law in this state:

Other attorneys practicing Reproductive Law in this state:

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”).

Surrogacy in Florida

Surrogacy in Florida

Post-birth Parentage Orders

Can both intended parents be declared the legal parents in a post-birth order under the statute if at least one parent is genetically related to the child?

Can both intended parents be declared the legal parents in a post-birth order under the statute if no parent is genetically related to the child?

Same-Sex Couples

Second Parent & Stepparent Adoptions for Florida Residents

Egg and Sperm Donation

Traditional Surrogacy in Florida

State law information provided by the following attorneys practicing Reproductive Law in this state:

Elizabeth F. Schwartz

Other attorneys practicing Reproductive Law in this state:

The Law Offices of Leslie Schreiber, P.A.

Susan Stockham

Stephanie F. Bodolay – Law Offices of Robert T. Terenzio

Marla Neufeld, Greenspoon Marder LLP

Roia Barrios, PA

See Why People Choose CFC for Their Surrogacy Journey

The US Surrogacy Law Map™

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Surrogacy in Florida

Surrogacy in Florida

Post-birth Parentage Orders

Can both intended parents be declared the legal parents in a post-birth order under the statute if at least one parent is genetically related to the child?

Can both intended parents be declared the legal parents in a post-birth order under the statute if no parent is genetically related to the child?

Same-Sex Couples

Second Parent & Stepparent Adoptions for Florida Residents

Egg and Sperm Donation

Traditional Surrogacy in Florida

State law information provided by the following attorneys practicing Reproductive Law in this state:

Elizabeth F. Schwartz

Other attorneys practicing Reproductive Law in this state:

The Law Offices of Leslie Schreiber, P.A.

Susan Stockham

Stephanie F. Bodolay – Law Offices of Robert T. Terenzio

Marla Neufeld, Greenspoon Marder LLP

Roia Barrios, PA

See Why People Choose CFC for Their Surrogacy Journey

The US Surrogacy Law Map™

OUR HEADQUARTERS

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