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Creative Love is an Egg Donor and Surrogacy Agency that is inspired and delighted to work with Intended Parents, Egg Donors and Surrogate Mothers to help create beautiful families.

Surrogacy Laws Differ Between States

Posted on November 21, 2016

family law

Surrogacy is on the rise! At one time it felt like a taboo to many struggling with infertility to share their pain and suffering. Thanks to Hollywood it is not so much of the unheard of anymore. More couples and individuals are opening up and looking for the necessary support needed to understand the whole dynamics involved in a surrogate journey. From the emotional aspect, legal and medical. First and most important is educating ones self in each step before moving forward with a surrogate journey. It’s important to understand that surrogacy is not permitted and legal in every state. However, a handful of states do offer statues that well protect you when entering into a surrogate journey.

Florida is a state that is surrogacy friendly with excellent statues that protect all parties entering in a legal contract whether as a married couples, single individual or gay couple. Florida currently has two statues in relation to surrogacy.

1.) Florida Statute 742.15: Gestational Surrogacy Agreement is used for heterosexual married couples only.  This law provides protection for intended parents that enter into a gestational surrogacy arrangement as a married heterosexual couple over the age of 18. Gestational surrogacy refers to a state that results from the process in which a commissioning couple’s egg or sperm, or both, are mixed through IVF and the resulting embryos is transferred within another women’s uterus, the gestational carrier.

Under this statute 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 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.

2.) Florida Statute 63.213 Pre-planned Adoption Agreement: In Florida this is used for same-sex couples, single individual, and couples using both egg/sperm donor.  In pre-planned adoption agreements when enter into a gestational surrogacy the surrogate mother has no genetic link to the baby she is carrying. The surrogate mother agrees to relinquish parental rights to the baby she is carrying.  Regardless that same-sex marriage is not recognized in Florida gay individuals or couples can still move forward with surrogacy in Florida being that pre-planned adoption agreements are enforceable. The legal process for same-sex couples is a different process from heterosexual couples, but can be done. It is important for LGBT intended parents to consult with an attorney who is well versed, knowledgeable and experienced in pre-planned adoption agreements.

Gay couples should always complete a second-parent adoption for the non-biological parent. This is the only way for the non-biological parent to obtain legal rights to the child in Florida.

It’s nice to know that Florida has clear statutes that protect both the intended parent(s) and the surrogate mother.

The statutes and guidelines that need to be followed are clear when moving into a surrogate journey in Florida. Florida is one of the most favorable states to enter into a surrogate agreement.If you’re looking into surrogacy as an intended parent(s) or as a surrogate mother working with a suitable agency is a first step. Creative Love would be honored to be your agency. We’ll help educated you and great a journey that is the best fit for all involved.

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