Surrogacy in Florida

Surrogacy in Florida is permitted by Section 742.15, Fla. Stat. Gestational Surrogacy Agreements. Such an agreement presupposes a surrogacy legal contract to be created between the intended parents (IPs) and a gestational surrogate (and her spouse, if she’s married, to declare that he has no parental rights over the future baby). The gestational surrogacy contract must be created through participants’ individual attorneys after they’ve been matched together but before they begin any of the surrogacy’s medical processes.

Besides, the surrogacy law in Florida also protects same-sex couples’ access to family-building options. The surrogacy process for male and female gay people is usually similar to the process for opposite-sex couples. The only decision-making issue is to choose who of the intended parents will give its genetic material for in vitro fertilization (IVF) procedure. However, under Florida’s surrogate statute, surrogacy agreements allow automatic parental rights only for legally married commissioning couples. LGBTQ+ singles must proceed with their surrogacy journey under Florida’s adoption laws.

The requirements to participate in a surrogacy program as a gestational surrogate in Florida are pretty strict. They are as follows:

• the ages between 21 and 40
• experience of delivering at least one healthy child
• no prior pregnancy complications, including no deliveries before 35 weeks
• no more than 2 c-sections
• no more than 5 childbirth
• financial stability government assistance (State-funded insurance, Food stamps, WIC, Housing, AFDC)
• no criminal reports background
• no harmful addictions (alcohol, smoking, drugs)
• U.S. citizenship or permanent residency status
• meet body mass index (BMI) requirements
• providing medical records to the clinic
• willing to undergo a psychological evaluation
• undergoing medical screening (both a woman and her husband/partner)
• no active sexually transmitted diseases, cancer, substance abuse, significant medication use, and prior chemotherapy or radiation therapy
• a willingness to be wholly committed to the intended parents and honest participating

A surrogate mother in FL can make up to $65,000. Yet, the exact cost of remuneration of gestational carriers depends on individual surrogacy agreements with intended parents

The state of Florida provides options for family-building solutions through surrogacy on a jurisdictional level. Nevertheless, the prices are notably high, and the laws around surrogacy are constantly changing. Thus, it is crucial to get familiar with the law and research alternative options if needed.