Surrogacy for Same Sex Couples in Florida-Part 1

Now that same sex marriage is recognized in Florida, legally married same sex couples can utilize a gestational surrogate under Florida Surrogacy Statute. Prior to the recognition of same sex marriage, a same sex couple had to go through the more expensive and timely process of utilizing the Adoption Statute.

Florida’s Surrogacy Statute requires the couple be legally married. It prohibits the surrogate from using her own egg and requires the parents, otherwise known as the commissioning couple, to use at least one of their genetic material. Once the commissioning couple selects a surrogate and finds an egg donor or sperm donor, depending on what they need, the surrogate is then psychologically analyzed by a licensed therapist and is reviewed by a reproductive endocrinologist as to her medical history. Once the surrogate receives this medical clearance, the commissioning couple and the surrogate will enter into a gestational surrogacy contract. The commissioning couple will be represented by an attorney, and they will pay for a separate attorney to represent the surrogate.

This agreement sets out the rights and obligations of the parties. It will handle things such as the reasonable payments to the surrogate during the pregnancy. It will provide for the surrogate to relinquish her parental rights to the child upon the birth. It will set out the obligation of the commissioning couple to assume parental rights of the child, regardless of any impairment. Once the child is born, I will file a petition with the court within three days of the birth to affirm the parental rights of the commissioning couple. This will allow me to amend the birth certificate, removing the surrogate’s name from the birth certificate, and naming the commissioning couple as the sole legal parents of the child born via surrogacy.