Tips and advice about surrogacy.
Are you looking to help create or start a family?

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.

Does Florida Allow For Pre-Birth Orders For Surrogacy?

Posted on November 21, 2016

It’s one of the most frequent questions you will hear people ask about surrogacy: “How can I become a surrogate mother?” So let's answer that question now. Becoming a surrogate is not a simple process. Surrogacy is certainly not for everyone, but it is a very rewarding thing to do, for those who take it on. In the interest of public service, here are a few handy tips on how to become a surrogate mother that you might want to follow. First tip, and this is the most important one, do you really want to be a surrogate? This is a big question. If you really want the money, but you don’t really want the pregnancy, it just won’t work. And we won’t accept you if it’s not what you really want. We are called Creative Love, not Creative Finances, for a reason. Second tip, which is also pretty important, do you live in a surrogate-friendly state? Even if you come down here to Florida to be a surrogate mother, you can still face fines back home if “home” is New York or Michigan. We don’t help people break the law either here in Florida or back in your home state. Here is a list of states. If you come from one of these, we can work with you: 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 Wisconsin Third tip, join some online discussions to hear about the experiences of other mothers who have acted as surrogates. Find out what were their joys and challenges. No two pregnancies are alike, and you will never be prepared for everything that happens. But it does help to hear some of the things that others have done and gone through, because much of it will be the same for you. Fourth tip, make it a team project. You can’t do this alone, and you certainly can’t do it with push-back from your partner or kids. You need them to be on your side, to back you one hundred percent. In fact, we won’t accept you if your partner is not on board. Fifth tip, check your health. It goes without saying that the intended parents want their baby gestating in a fully healthy body. You’ll need a complete physical and all your medical history documentation. We require no smoking for two years prior to surrogacy, and of course, no alcohol during the process. These five tips will help you prepare to become a surrogate. Give us a call to see how else you can prepare and whether you qualify. We’ll ask you to fill in some forms and talk with us about your plans and your interest, your home situation and your financial situation, and the types of commitments that a surrogacy contract involves.

Does Florida Allow For Pre-Birth Orders For Surrogacy?

Surrogacy is fraught with many possible complications, not the least of which is parenting rights.  Any contract between the surrogate mother and the intended couple should be very complete and clear that the surrogate forfeits all parenting rights to the intended parents.  That paves the way for an easy adoption process once the child is born.

But can the adoption process be entirely avoided?  Can the child be born from the surrogate mother already legally the child of the intended parents?

The short answer to that question is, “yes”.

The longer answer to that question is, “that depends”.

There are a number of different types of surrogacy, and you should understand the difference.  For instance, there is egg donor surrogacy, where the egg belongs neither to the intended mother nor to the surrogate mother.  There is genetic surrogacy, where the surrogate mother’s egg is used to create the child, thereby including the surrogate mother’s genetic contribution to the baby.  And there is gestational surrogacy, where the surrogate mother has no DNA involved, because both the egg and the sperm are provided by the intended mother.

So “it depends” means that the answer is “yes”, but it does not apply for all types of surrogacies.  In the case of genetic surrogacy, the birth mother has some basic rights, and there cannot be a pre-birth order in favor of the intended parents.

On the other hand, in the case of an embryo created outside the womb, using either the intended mother’s egg or the intended father’s sperm – or both! – a pre-birth order can be established.  In such circumstances, the surrogate mother holds no parenting rights under Florida Statute 742.15, as she has not contributed to the DNA of the child.  So the intended couple is free to apply for a pre-birth order, based on their genetic contribution and the contract they have in place with the surrogate mother.

Why is a pre-birth order advantageous?  First, it means that the child will be born with your name on it, and that will make life less complicated later on when birth certificates are required to establish his or her identity, such as for passport applications and security checks.  Second, it removes the hassle of going through a formal adoption process.  Although that process is much easier for children born of surrogate mothers than most other adoptions, it is still a hassle and there is always the possibility of something going wrong.  Third, no risk of something going wrong later on, such as regrets or attempts on the part of the birth mother to lay claims to your child.

It’s a good principle that the sooner you establish your rights, the less you will have to worry about.  Having the child born with your name on it will avoid plenty of complications in both the short and long term.  The State of Florida allows it, so why not take advantage of the opportunity to set the record straight from the start?

Return to Blog