Florida Fertility Law FAQs

Yes. Gestational surrogacy is fully legal in Florida and governed by Florida Statute §742.15, which outlines the rights of intended parents and surrogates. Under this law, intended parents may enter into a written surrogacy contract with a gestational carrier who has no genetic relationship to the child. Once the child is born, the intended parents are recognized as the legal parents — not the surrogate — through a court-issued parentage order.

Florida is considered one of the most supportive states in the country for surrogacy, providing a clear legal path for both opposite-sex and same-sex couples to become parents through assisted reproduction.

In gestational surrogacy, the carrier has no biological connection to the child. The embryo is created using the egg and sperm of the intended parents or donors.

Traditional surrogacy, where the carrier’s own egg is used, while legally recognized in Florida is highly disfavored because the carrier has up to 48 hours post birth of the child to rescind the termination of parental rights.

A Florida fertility attorney ensures that every part of the process — from the first draft of your contract to the final parentage order — is handled correctly and safely. At Florida Fertility Legal Services, attorney Gerardo (Gery) Rodriguez-Albizu personally reviews every agreement, explains your rights and responsibilities, and represents you in court if needed.

Yes. Same-sex couples have the same rights as opposite-sex couples when it comes to surrogacy and assisted reproduction. Florida law recognizes the parentage of same-sex intended parents under §742.15 and related statutes.

A skilled Florida fertility lawyer can help same-sex couples ensure both partners are fully recognized as parents, even in cases where only one parent is biologically related to the child. This may include securing a post-birth order or second parent adoption, depending on the circumstances.

A pre-birth order (PBO) is a court order obtained during pregnancy that declares four very important legal points: (1) the surrogacy agreement is valid and enforceable under Florida law; (2) declares the intended parent(s) to be the parents of the unborn child carried by the surrogate; (3) directs all medical professionals once the baby is born to obtain consent from the parents for any medical intervention with the baby; and (4) authorizes the hospital to discharge the baby to the physical custody of the parents once the baby is ready to go home from the hospital. 

Consequently, while not required by Florida law, pre-birth orders are one of the most effective legal tools for protecting rights of both the intended parents and the gestational surrogate. Your attorney will prepare and file the necessary documents to obtain the order before delivery, ensuring a seamless transition of parentage once the baby is born.

Donation agreements are legally binding contracts that outline the rights, responsibilities, and intentions of both the donor and the recipient.  These agreements are legally recognized pursuant to Florida Statute §742.14.

Egg, sperm, and preembryo donations are regulated under Florida’s reproductive statutes, which protect donors from parental responsibility when proper documentation is in place.

Having a Florida fertility lawyer draft or review these agreements ensures that everyone’s interests are protected and that the arrangement complies with state law.

Florida welcomes international intended parents from around the world. Many clients travel here because their home countries restrict surrogacy or gamete donation.

A Florida surrogacy attorney can coordinate with both local and international professionals to ensure your child’s citizenship, parentage, and documentation are properly recognized in both jurisdictions. You do not need to be a Florida resident to pursue surrogacy or donation here.

Ideally, your first step should be to speak with an attorney before you sign any contracts or begin medical treatment. Starting early allows your lawyer to identify potential issues, explain the legal process, and ensure all agreements align with Florida law.

However, if you’ve already started working with a clinic, agency, or surrogate and need legal guidance now, we can step in at any point. Our team has the experience and resources to resolve issues quickly and ensure your family’s legal foundation is secure.

At Florida Fertility Legal Services, your initial consultation is free. We believe everyone deserves accessible legal guidance during such an important chapter of life. After that, we’ll outline all costs clearly, no surprises, no hidden fees.