A surrogate is a woman who has agreed to carry a child for an individual or couple, known as the intended parents. It can offer many advantages over other family-building methods.

The most common agreement is gestational surrogacy, where the intended parents are biologically related to the baby. Intended parents can either ask someone they know to serve as a surrogate or work with an agency.

For those thinking of surrogacy to conceive a child, this blog shares some unique advantages.

Surrogacy laws are established and enforced in every state in the US. Florida is one of many surrogacy-friendly states when you’re hoping to become a surrogate or an intended parent and looking for options. Regardless, you’ll still need to get experienced advice via surrogacy agencies to understand the complex laws and legally complete the process. To have your questions about surrogacy law in Florida answered, you can contact a surrogacy attorney. The following is a list of common questions Heart of Surrogacy hears from potential clients.

Is Surrogacy Legal in Florida?

Pregnant women and couples in Florida can choose surrogacy legally and safely. Florida carefully regulates surrogacy processes to ensure it remains an ethical way to grow a family. Learn about services offered by some of the best surrogacy agencies in Florida online, including legal help. Or reach out to our attorney directly with questions.

Does Florida Allow Traditional Surrogacy?

It is possible to participate in a traditional surrogacy in Florida, but some legal and ethical risks are involved. Traditional surrogacy laws are governed by Fla. Stat. §63.213. Regulations are similar to Florida’s adoption laws and are referred to as “preplanned adoption agreements” to clarify that the biological mother (surrogate) is temporarily the legal parent of the child she carries. Parental rights transfer to the intended parents after the birth. The surrogate may choose to revoke consent during the pregnancy and up to 48 hours after the baby is born. If the traditional surrogacy agreement is terminated or the adoption agreement is not approved in court, the surrogate becomes the legal parent.

Gestational surrogacy in Florida is more common than traditional surrogacy. It has less legal and emotional risk and does not involve a preplanned adoption agreement. Governed by Fla. Stat. Chapter §742, it is a more straightforward option for surrogates and intended parents. 

Is Commercial Surrogacy Legal in Florida?

Compensated or commercial surrogacy is legal in Florida, but intended parents are not paying the surrogate for a baby. Compensation goes towards the gestational carrier’s medical processes and risks, her time, lost wages, travel expenses, and more. Payment is detailed within your surrogacy contract at the start of the process.

Is Same-Sex Surrogacy Legal in Florida?

Same-sex marriage became legal in 2015 and opened up opportunities for adoption and surrogacy for these couples to grow their families. The surrogacy process for same-sex couples is nearly the same as opposite-sex couples, but they will need either a sperm or egg donor to complete the in vitro fertilization (IVF) process. 

What’s a Florida Surrogacy Contract?

A Florida surrogacy contract is a legal agreement between the intended parents and a surrogate (including her spouse concerning parental rights). The surrogacy contract is developed by a specialized attorney after being matched and before the medical processes begin. They define the legal parental rights of the intended parents, surrogate compensation, social roles, contact during the process, and more. The contract has minimum requirements, including: 

• The agreement is considered the only source of consent regarding medical processes surrounding the pregnancy 
• It will follow reasonable medical evaluation, treatment, and instructions 
• The contract will relinquish parental legal rights to the child after they are born 
• It will outline the legal rights and parental responsibilities after the birth when neither intended parent is genetically related to the child 
• It requires intended parents to accept parental rights regardless of the baby’s health condition

How Do Intended Parents Become the Legal Parents in FL?

In gestational surrogacy, Florida recommends pre-birth orders, but they are not legally required. The intended parents and their attorney file a petition in court regarding parental status during the second trimester. It makes it easier for the intended parents to attend the birth and add their names to the birth certificate later on. The pre-birth order is a step toward establishing legal parental rights in advance. Surrogacy legislation Fla. Stat. §742.16 requires another petition to be filed in court within three days after the child’s birth to secure legal parental rights for the intended parents.

With traditional surrogacy, the child is not genetically related to either intended parent and may be genetically related to the surrogate, instead. This creates a need for an additional adoption process after the child is born. The surrogate’s legal parental rights are terminated, and the intended parents assume those rights. 

You’ll want to search for the best surrogacy agencies online to get options for growing a family via surrogacy or becoming a surrogate and get legal advice. At Heart of Adoptions, you can contact a professional or email our attorney to learn more about Florida surrogacy and adoption laws that could influence your journey as an intended parent or surrogate. 

Not too long ago, some people viewed surrogacy as a radical idea. Actually, traditional surrogacy began thousands of years ago with women who had trouble conceiving or carrying a child asking close friends or family for help. Since then, it has gone through a medical and biological evolution due to scientific discovery and changing societal norms. In 1978 the first in vitro fertilization (IVF) baby was born. Then in 1982, the first baby was born using egg donation. These two scientific events made gestational surrogacy a possibility by 1985, and the miracle of surrogacy would become widely accepted over the next few decades.

Traditional Surrogacy

Traditional surrogacy has been around the longest, but it suddenly became a legal problem when a surrogate mother wanted to keep her child after giving birth in 1986. A traditional surrogate uses her own egg and has genetic ties to the baby, which can create legal and emotional gray areas. The surrogate and the intended parents fought a legal battle for two years over custody, sparking many questions about surrogacy worldwide. As a result, commercial (for profit) and gestational surrogacy rose in many different countries, including the US.

Revolutionary Developments

In 1999, the Special Program of Assisted Reproduction (SPAR) allowed an HIV-positive man to have his own biological children without transmitting the disease. It was a groundbreaking development for gay men who wanted to experience a family. Then in 2011, a 61-year-old woman broke the record for oldest surrogate mother by carrying her grandchild. The gift of surrogacy became a family legacy.

Gestational Surrogacy

Gestational surrogacy has become a rapidly growing and viable option for having children, despite changing legal and medical guidelines. Trends driving the need for surrogacy are rising mainstream acceptance of the procedure and a ban on commercial surrogacy in most countries. The demand for alternatives to raise a growing family is projected to surge by nearly 25% over the next few years. Reasons include increased infertility issues such as egg or sperm production, low sperm count, hormonal changes, steroid use, alcohol consumption, and elevated stress.

The Growing Needs for Surrogacy

There are numerous fertility clinics and surrogacy agencies throughout the world. Surrogacy professionals help surrogates or carriers and intended parents navigate the legal and emotional complexities. Increasing disposable income and awareness of available fertility treatments contribute to predictions of spending related to gestational surrogacy to reach 17.7 billion by 2025.

Most parents discussing the possibility of surrogacy are around the age of 38. Women having children later in their child-bearing years face more fertility issues resulting in difficulty getting pregnant or sustaining a pregnancy. Many same-sex couples choose surrogacy, whether they are women with medical problems or men who want a family that shares their genetics. 

The availability of many birth control measures and altering lifestyles are mainly responsible for reduced fertility rates in developed countries where the option to build a career or pursue other life goals can come before deciding to raise a family. With more people waiting, there will be couples looking at various ways to become parents when they are ready.

There are more possibilities for families than ever before, and the miracle of surrogacy is an excellent choice for having children regardless of medical or biological challenges. The idea of surrogacy has certainly changed as society has evolved. If you are searching for a solution or are considering becoming a surrogate, learn about the medical processes and preparing to be a surrogate by reading our articles online or contact us for more information. 

Surrogacy is a great option for parents who long to have a child but can’t naturally conceive for medical reasons. A healthy woman who has already had an uncomplicated pregnancy can serve as a gestational carrier or surrogate. It can be someone that the intended parents know or a match found through an agency.

There are actually two types of surrogacies—traditional and gestational. In traditional surrogacy, the carrier uses her egg, which means she is biologically related to the baby. It is less expensive since the intended mother doesn’t have to harvest her eggs for implantation. This method is less common as there is a greater risk that the surrogate won’t want to relinquish the baby. 

Gestational Surrogates

A gestational carrier uses both the egg and sperm from the intended parents or donors and has no genetic link to the baby. This is also called partial or host surrogacy. Through in vitro fertilization, the egg is transplanted into a gestational surrogates’ uterus. The intended mother will need to take fertility medication and undergo egg retrieval if her eggs are being used. The surrogate then carries and delivers the baby.

Reasons for a Gestational Carrier

Heterosexual couples or single women often use gestational surrogacy when they are unable to carry a child themselves. Different medical reasons can prevent a woman from carrying a baby to term. Same-sex male couples use donor eggs to become parents. The success rate for gestational surrogacy is around 75%, with a 95% chance of having a live birth. 

Gestational surrogacy is a viable option if having a genetic connection to your child is important to you. Many intended parents will also choose a gestational carrier to avoid legal and emotional issues that can arise with traditional surrogacy. Legal complications can be avoided when the baby is not biologically related to the surrogate. Many agencies only offer gestational surrogacy for this reason.

Expected Fees

Growing your family through surrogacy is a beautiful experience, but there are several expenses to consider. Here are the main gestational surrogacy costs:

• Agency fee – Unless you know someone willing to serve as your surrogate, you will need to use an agency to locate a match. You pay the agency to vet potential carriers thoroughly and find a good fit for you. 
• Attorney fee – The surrogate and the intended parents should have separate attorneys to work through the details of the contract. 
• Surrogate fee – Every financial arrangement is different between intended parents and surrogates. Some expenses considered for the surrogate include medical appointments, transportation, pregnancy necessities, and more.
• Medical fees – Gestational surrogacy can be a lengthy process with various medical procedures involved. Screening, in vitro fertilization, exams, and birth are some of the major bills.

Health Insurance Coverage

The intended parents and the surrogate should talk to their health insurance provider to confirm what is covered. Research additional plans or supplements that may be available to help cover the costs. Overall, the average gestational surrogacy cost can range from $100,000 to $200,000.

If you are considering serving as a gestational surrogate or looking to grow your family through surrogacy, we have a wealth of resources to offer. Contact Heart of Surrogacy to start what could be a life-changing journey for you. 

Becoming a gestational carrier (also known as a gestational surrogate) is a rewarding and beautiful journey that can absolutely be done in the state of Florida. We’ll get started by sharing some of the basics surrounding surrogacy arrangements and contracts in Florida, and then we’ll go into more detail on whether gestational carriers can be compensated for their services and if they can be reimbursed for expenses in Florida. 

Surrogacy Arrangements & Contracts in Florida 

The intricacies of surrogacy arrangements can be challenging to navigate without experience. Many gestational carriers and intended parents choose to start their journey with a surrogacy agency because of the guidance agency staff can provide throughout the process. By working with an agency, a gestational carrier has direct access to a surrogacy coordinator, and intended parents have direct access to a case manager throughout the surrogacy process. While it is possible to have a surrogacy arrangement without the use of a surrogate agency, ensuring a strong match between a gestational carrier and intended parents and navigating the surrogacy journey can be difficult. 

Surrogacy contracts in Florida are essential but can also be quite complex. In the contract, the parties are required to enter into a written gestational surrogacy agreement, outlining the rights and responsibilities of the parties prior to the initiation of the pregnancy. Once pregnancy occurs, neither of the parties is permitted to change his or her mind and decline to proceed with the surrogacy arrangement. It is imperative that both the gestational carrier and the intended parents be represented by counsel throughout the contract phase of the surrogacy arrangement. 

Can Surrogates be Compensated in Florida? 

A surrogacy agreement can include provisions for compensation to the surrogates in Florida. Allowable expenses under Florida law include reasonable living, legal, medical, psychological, and psychiatric expenses of a gestational carrier that are directly related to the prenatal, intrapartal and postpartal periods.   

At Heart of Surrogacy, LLC, gestational carriers are paid a base compensation. Additionally, surrogate mothers can obtain a monthly allowance to cover expenses, along with an allowance for maternity clothing. Travel expenses are also reimbursed, pursuant to the parties’ contract, for surrogates traveling for medical screenings or embryo transfers. The surrogacy agreement may include provisions concerning other expenses as detailed on the Heart of Surrogacy, LLC website. 

Why Should You Consider Becoming a Surrogate in Florida? 

– Florida surrogates are compensated and usually start at a base compensation of $32,000 or more depending on several factors.  

– Florida is a gestational surrogacy state and does not allow for traditional surrogacy with eggs directly from the surrogate. (In Florida, the gestational carrier has no genetic link to the child.) 

– Gestational surrogacy in Florida results in no parental rights or responsibilities towards the child.  

– Gestational surrogacy is a way to help a couple have a child whereas it otherwise might not be possible on their own. 

What led you and your husband to go down the path of surrogacy?

Due to a heart transplant when I was 8, my husband and I learned I could not safely carry a child, for it would risk not only my life but the life of our child.

When you found out Autumn was going to be your gestational carrier, describe your emotions. 

We were elated, but hesitant at first, we thought, and still do that she is too good to be true. Autumn is our second surrogate, our first one was not comfortable carrying through covid times and we were hesitant at first, scared she would come to the same conclusion. However, once we got to know Autumn, we quickly discovered she was meant for us, we were elated. She has been wonderful in these uncertain times, and we couldn’t imagine being on this journey with anyone else but her.

What has been the best part of the journey so far?

January 31, 2021, when Autumn and I did our first (two) pregnancy tests, followed by February 3rd, 2021 when we had our first confirmation with my husband of a heartbeat. That day is also significant because it’s the birthday of the person who saved my life. The best part of the journey is knowing that the baby will be here in October or late September.

You’ve become friends with Autumn through this process. Describe her characteristics. 

Autumn is selfless, often pointing out that she is the “oven” and it’s not her baby. She goes out of her way to make sure I know I’m the mom and respects the decisions we make for the baby. She has a big heart and is very respectful.

Tell us a little about the first doctor’s appointment you and your husband were able to attend. 

It was emotional and so special, as we had only been able to attend the prior appointments via zoom, while with the IVF clinic. When we transferred to the OBGYN, the doctor had learned we had not been to an appointment yet and scheduled an ultrasound just so we could see our baby on the ultrasound for the first time during the appointment.

What does Autumn and her willingness to become your gestational carrier mean to you? 

There are no words, only a flood of emotions and gratitude.

How has your relationship with Autumn developed through this process? 

We talk every week, sometimes more than once a week, we’re always updating each other on the size of the baby, and the dos and don’ts for that week that come with a weekly email reminder… like the week we were as big as a Zesty Zucchini. We also talk about other things, her kids, their sports, and how excited we both are in this process.  Autumn is welcome in our lives for as long as she wants, it’s her choice. Something I wasn’t sure I wanted when we first began our journey 5 years ago.

From an Intended Parent viewpoint, what would you like other potential gestational surrogates to know? 

What you are providing is a selfless gift. You could be the person that changes the world for that family. Your willingness to help someone build their family is a testament to your big heart. What you be able to provide for them will change their world. 

Interested in becoming a Surrogate Mother? Click Here to Apply.

Interested in becoming Intended Parent(s)? Click Here to Appy.