Fertility Law Glossary

Understanding the Language of Family-Building

Assisted reproduction can involve complicated medical and legal terminology. This glossary breaks down the most common terms you may encounter throughout your surrogacy, donation, or parentage journey, all explained in clear, approachable language.

If you have your own questions, we’re always open to having a conversation about your situation and your fertility legal needs.

A–Z Glossary of Fertility Law Terms

Agency

A professional organization that connects intended parents with surrogates or donors, often managing screening, matching, and coordination between all parties.

Agreement (Fertility Agreement)

A legally binding contract between intended parents and a surrogate or donor outlining rights, obligations, reimbursements, medical decisions, and confidentiality.

Anonymous Donation

An arrangement where the donor’s identity is not disclosed to the recipient. Some families choose this for privacy, while others prefer a known donation with ongoing contact.

Assisted Reproductive Technology (ART)

A broad category of medical procedures used to achieve pregnancy through artificial or partially artificial means, including IVF, egg and sperm donation, embryo transfer, and gestational surrogacy.

Carrier (Gestational Carrier or Surrogate)

A woman who carries and delivers a baby on behalf of intended parents, with no genetic connection to the child.

Clinic

A licensed medical facility that performs fertility treatments such as IVF, egg retrieval, and embryo transfer.

Confidentiality Agreement

A clause or document ensuring that all personal and medical information shared during the fertility process remains private among the parties involved.

Counsel (Legal Counsel)

An attorney who represents either the intended parents or the surrogate/donor to make sure all legal documents comply with Florida law.

Egg Donation

When a woman provides her eggs to help another individual or couple conceive through IVF.

Embryo

A fertilized egg that has begun cell division and can be transferred into the uterus for implantation.

Embryo Donation

The process by which embryos remaining after fertility treatment are donated to another person or couple.

Escrow Account

A secure account managed by a third party to hold and disburse funds for surrogate or donor reimbursements and medical expenses.

Family Formation

The process of creating or expanding a family through methods such as surrogacy, adoption, or assisted reproduction.

Fertility Contract Review

The legal review process where an attorney examines a surrogacy or donation agreement to ensure it is valid, clear, and enforceable.

Gamete

A reproductive cell — either an egg or a sperm, used in assisted reproduction.

Gestational Carrier (Surrogate)

The woman who carries and delivers the child on behalf of intended parents. In Florida, surrogates typically have no genetic connection to the baby.

Gestational Surrogacy

A surrogacy arrangement where the carrier has no genetic link to the child; the embryo is created using the intended parents’ or donors’ egg and sperm.

In Vitro Fertilization (IVF)

A process where eggs are fertilized by sperm in a laboratory setting, and one or more resulting embryos are transferred to a uterus.

Intended Parent(s)

The individual or couple who plan to become the legal parent(s) of a child born through assisted reproduction.

International Surrogacy

When intended parents from another country work with a U.S.-based surrogate. Legal guidance ensures parentage and citizenship are recognized both in Florida and abroad.

Known Donation

A donation in which the donor’s identity is shared and both parties may agree to future contact or updates.

Legal Parentage

The recognized legal status of an individual as a child’s parent, granting rights and responsibilities under the law.

Medical Clearance

Approval from a medical professional that a donor or surrogate is healthy and eligible to participate in the fertility process.

Parentage Order (Pre-Birth or Post-Birth)

A court order establishing the intended parents as the legal parents of the child, issued either before or after birth.

Post-Birth Order

A court order confirming parentage after the child’s birth.

Pre-Birth Order (PBO)

A legal order issued during pregnancy declaring the intended parents as the legal parents upon the child’s birth.

Reimbursement

The payment made to a surrogate or donor for her time, effort, and associated expenses. Florida law requires that reimbursements be detailed in a written agreement.

Reproductive Material

Eggs, sperm, or embryos used in assisted reproductive procedures.

Same-Sex Family Formation

The process by which same-sex couples or LGBTQ+ individuals build their families through assisted reproduction. Legal counsel ensures that both partners’ parental rights are protected.

Screening Process

Medical and psychological evaluations that donors and surrogates undergo before participating in assisted reproduction.

Surrogacy Agreement

A written contract between the intended parents and the gestational carrier that defines legal rights, reimbursements, medical decisions, and the plan for establishing parentage.

Termination Clause

A part of the contract outlining what happens if the surrogacy or donation process must be stopped before completion.

Still Have Questions?

We’re Here to Help You Understand Every Step

Fertility law can be complex — but with the right guidance, it doesn’t have to be confusing. If you’re unsure how these terms apply to your family-building journey, reach out for a free consultation (available in English and Spanish).