Florida Surrogacy Laws

Stance of Courts Toward Surrogacy

Surrogacy is permitted by statute.

 

Intended Parents Marital Status / Establishing Parentage

Must be married, other intended parents must file  paternity and maternity petitions or through pre-planned adoptions.

Money Permitted?

Yes.

Summary of Law

Florida law allows for gestational surrogacy agreements for married couples; compensation beyond reasonable expenses is prohibited.

Cases, Additional Info

Florida Statutes § 742.15 governs gestational surrogacy contracts, the surrogate must relinquish all parental rights upon the child’s birth, this statute only applies when a medical professional determines the commissioning mother cannot safely carry a pregnancy to term.