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Pre and Post Birth Orders

In many states, courts will allow the intended parents name(s) to go directly on their child's birth certificate. In other states, the surrogate's name will go on the birth certificate, which will have to be amended after the child(ren) arrive in order for the intended parent's name to be listed. To complicate matters, some states will only allow a pre-birth order under certain circumstances, such as that one or both parent's genetic material was used. It is important to research the state where your surrogate resides to find out if you can obtain a pre-birth order in her state. Please contact us to learn about surrogacy laws in the following states: Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Iowa, Maryland, Massachusetts, Minnesota, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, and Wisconsin.

Legal Process

Florida Gestational Surrogacy Law, Statute 742.15: Gestational Surrogacy Agreement: this used for married couples only. 

In Florida, gestational surrogacy is governed by Florida Statute 742.15. Gestational surrogacy refers to a state that results from a process in which a commissioning couple’s egg or sperm, or both, are mixed through IVF and the resulting embryo is transferred within another woman’s uterus, the gestational carrier.

Under Florida Statute 742.15 the intended parents are protected in that the surrogate mother has no legal rights to the child that she is carrying. It is the commissioning couple, who are the intended mother and the intended father of the child who will be created through the means of assisted reproductive technology using the egg or sperm of at least one of the commissioning parents. An egg donor or sperm donor can be used under this statute. No genetic material can be used from the gestational carrier. Florida is a popular state for gestational surrogacy arrangements.

Pre-planned Adoption: In Florida this is used for a single individual, an unmarried couples, and a couple using both an egg sperm donor.

Pre-planned Adoption Agreements are governed by Florida Statue 63.213. Creative Love only works in the area of “gestational surrogacy” where the surrogate mother has no genetic link to the child that she in carrying. Because she has no genetic link to the child under this statue she then has no legal right to the child. (traditional surrogacy is when the surrogate is using her own egg as part of the agreement and can rescind).  In a Pre-planned Adoption agreement the surrogate agrees to carry a child for the intended parent(s) and relinquish parental rights to the intended parent(s). A Pre-Planned Adoption agreement is used for unmarried, single individuals or a married couple that is using both an egg donor and sperm donor.

This is the only way for the non-biological parent to obtain legal rights to the child in Florida.

Legal: Things to consider when drafting your contract

Creative Love will assist you in working with an attorney that specializes in 3rd party reproduction.  It is important that both the intended parent(s) and the surrogate are protected by creating a comprehensive surrogacy agreement. Having your parental rights protected is critical. In some cases court proceedings may be required to establish parentage. In some cases intended parents may also be required to adopt the baby after birth.  The main components of the legal process is for the attorney to draft the surrogacy agreement and establishing maternity and paternity.  You want an agreement that both parties are comfortable with. The surrogate mother will be giving up much of her privacy and reproductive freedom.  Other issues to consider including in your surrogate agreement are, who will bear the cost of medical treatment, how is the surrogate to be compensated, how many embryos to transfer, location of delivery, relationship during and after pregnancy.  With so many complicated issues, this is why it is wise to consult with experienced legal counsel to guide you through the process.