What are the legal implications of surrogacy contracts in Florida?

Understanding Surrogacy Contracts in Florida

In Florida, surrogacy is a legal and regulated means of assisted reproduction that allows individuals or couples to become parents when they are unable to conceive or carry a child to term. The legal framework surrounding surrogacy in Florida is primarily governed by the Florida Statutes, specifically sections 742.15 and 742.16, which outline the parameters of gestational surrogacy agreements. It's important for intended parents and surrogates to understand the legal implications of such contracts before embarking on this complex journey.

Types of Surrogacy and Legal Recognition

Florida law distinguishes between two types of surrogacy: traditional and gestational. Traditional surrogacy involves a surrogate mother who is genetically related to the child she carries, while gestational surrogacy involves a surrogate carrying an embryo created via in vitro fertilization (IVF), with no genetic ties to the child. Florida statutes explicitly recognize and regulate gestational surrogacy but do not provide the same regulatory framework for traditional surrogacy, which can lead to more complex legal situations.

Gestational Surrogacy Agreements

Gestational surrogacy contracts in Florida must meet certain criteria outlined in section 742.15 of the Florida Statutes. The intended parents must be legally married and both over 18 years old. The agreement must be executed before any medical procedures take place, and it needs to detail the financial arrangements, obligations, and rights of all parties involved. These contracts are enforceable provided they comply with state requirements.

Legal Parentage and Birth Certificates

A key aspect of surrogacy contracts is establishing the legal parentage of the resulting child. In Florida, upon fulfilling the conditions of the gestational surrogacy agreement, intended parents can obtain a pre-planned adoption order or a court declaration affirming their parental rights, which is used to issue a birth certificate naming them as the legal parents from birth.

Compensation and Expenses

Surrogate compensation is a controversial topic across various jurisdictions, but in Florida, it is permissible for surrogates to receive reasonable living, legal, medical, psychological, and psychiatric expenses related to the pregnancy and birth process. However, any compensation beyond these expenses may be subject to scrutiny under state law.

Legal Challenges and Considerations

Despite clear statutory guidelines, surrogacy contracts can still present legal challenges in Florida. For instance, disputes may arise if a surrogate refuses to relinquish the child post-birth or if intended parents refuse to accept custody. Additionally, there are complexities involving same-sex couples or single individuals using surrogates, as well as traditional surrogacy arrangements which are less protected under Florida law.


The use of surrogacy as a means to parenthood carries significant legal implications in Florida. Intended parents and surrogates must navigate complex statutory regulations and potential legal challenges when entering into surrogacy agreements. It is essential for all parties involved in a surrogacy arrangement in Florida to seek competent legal counsel to ensure that their rights are protected and that their agreements comply with all applicable laws.