LGBTQ Single Individuals, Having a Baby in Florida Through a Surrogate

LGBTQ singles can use a surrogate in Florida to build their family. Once the parent, otherwise known as the “intended parent,” decides to use a surrogate and locates their surrogate, they enter into what’s called a pre-planned adoption agreement. This is governed by Florida’s adoption statute. What will happen is the intended parent will be represented by an attorney and they will hire and pay for a separate attorney to represent the surrogate.

The pre planned adoption agreement sets out the rights and obligations of the parties. It governs certain things like reasonable payments to the surrogate. It provides that the surrogate will relinquish any parental rights to the child, unless it’s her genetic child, and it obligates the intended parent to assume parental rights of the child, regardless of any type of impairments.

Upon the birth of the child, I will then file a petition with the court that will allow me to terminate the parental rights of the surrogate and to name the intended parent as the sole legal parent of the child. This will result in a new birth certificate only naming the intended parent as the legal parent of the child born via surrogacy.