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.

Florida Surrogacy Information: Being a Surrogate

Posted on November 21, 2016


Florida is a surrogacy-friendly state. What makes Florida a great place for surrogacy?

Florida has surrogacy laws.  Unlike some states, such as Alaska, Florida is not the wild west.  This means that intended parents are protected.  This means that surrogates are protected. This means there is a legal structure and medical checks and balances to make sure that the system works in everybody’s best interest.

Because the issue of surrogacy is somewhat controversial, with some people loving the hope it brings infertile couples, with other people fearing the thought of tampering with nature, most states have chosen to avoid addressing the issue. That means no laws.  That means no protection.  It also means no pre-planned adoption agreements.

Surrogacy can be undertaken in most states without protection of the law, then adoption can be arranged once the baby is born. In some states that is a fairly simple process; in others, it is more complicated.

The surrogacy laws in Florida are good laws. Unlike some states, such as New York, you won’t be fined for being a surrogate.  Nor will you be thrown in jail for five years, which is what can happen if you are involved in a surrogacy agreement in Michigan.

Michigan takes things to an extreme.  There are many states that permit surrogacy, but have very restrictive laws.  In some cases, this means that gestational surrogacy might be allowed, but traditional surrogacy might not be.  Gestational surrogacy is when a fertilized egg from the intended parents or from a donor is planted in a surrogate mother to carry to term.

The reverse is in some states, where traditional surrogacy might be allowed, but gestational surrogacy might not be. Traditional surrogacy (also called genetic surrogacy) is where the surrogate mother provides her own egg.  In other words, she is the biological mother.

Florida is one of few states to allow both gestational and traditional surrogacy, making it one of the friendliest states for intended parents and surrogate mothers alike.

For gestational surrogacy, Florida Stature 742.15 requires a signed contract, and it must be between married couples. Reimbursement of costs, including time spent, are defined by the law.  No fee-for-service is allowed – women may not sell their bodies for surrogacy.

For traditional surrogacy, Florida Statute 63.212 (1) (i) allows for pre-planned adoption agreements.  So the baby is genetically the child of the surrogate mother, and she signs a contract to hand over parenthood to the intended parents upon birth of the child. But Florida law also gives her seven days after birth to change her mind. Although this rarely happens, it is an important safeguard for her.

As with gestational surrogacy, out of pocket costs can be reimbursed, including living expenses for time spent, and these are defined by the law.  No fee-for-service is allowed for traditional surrogacy, either.

Florida is ahead of the game, offering hope for intended parents and protection for being a surrogate mother. For more Florida surrogacy information, contact us.  We’ll be happy to help you decide if surrogacy is for you.

Return to Blog