Florida Surrogacy Contracts and Surrogacy Lawyers

Working in consultation with reproductive clinics all across Florida, our office provides the unique and personalized guidance through the area of surrogate relationships and donor contracts.  Although Florida is one of the few states that officially recognize surrogacy contracts, these matters are technical and require an experienced perspective in anticipating and resolving the litany of issues facing couples who seek to create families in this manner.

Common Questions about Surrogacy Contracts

Can the surrogate change her mind, and keep our child? No.  Florida recognizes the gestational couple as the presumed parents of the child, as long as one of the commissioning parents shares genetic material with the child (i.e. either dad’s sperm or mom’s egg).  Most of the reports in the press about gestational parents losing their rights usually involve situations where the gestational surrogate is actually carrying the child of the commissioning father and is also the natural mother.  In those situations, things can get very complicated and unpredictable. Does the surrogate mother always get the right to visit or see the child after it is born?  We do not like this idea, as we would like our privacy protected. This is a matter of discussion between the commissioning couple and the gestational surrogate.  The rights and duties of the parties are spelled out in the contract, and if you do not want this to occur, you should make sure to include it.  I would say that absent a provision to the contrary, the commissioning couple has as much of a right to preclude another person from having access to their child as they would any other person.  In short, after the child is born, the gestational surrogate has no additional rights to the child. Can a same-sex couple use a gestational surrogate contract? It is difficult for a gay couple to conduct a gestational surrogacy under traditional legal principles, but not impossible.  In order for there to be a binding surrogacy contract, the commissioning couple must be legally married.  As same sex couples cannot marry in Florida, same sex couples are not entitled to seek the protections of the applicable Florida statutes. Does the commissioning couple have to pay for all medical expenses for the pregnancy, including the cost of the pregnancy? Usually no, if the gestational surrogate has her own health insurance available to her.  You would want to look at the subject insurance policy, but most insurance policies provide for coverage for a female giving birth to a child, even if she intends to permit the child to be adopted at some point later.  There is no “intent” element to health insurance, which would require you to keep the child as your own.  Ultimately, the child does not legally become the child of the commissioning couple until after the birth, which is after the child has been born and the expenses incurred.  Of course, you want to inquire with her health insurance company to determine whether any such limitations exist. Can the commissioning couple be present during the delivery of the child? This is a decision to be made between the gestational surrogate and the surrogate.  Most surrogates understand the importance of being present at the birth, and will usually consent to this.  The entire process is very personal, from the initial interview to the adoption hearing at the end.  The selection of a gestational surrogate often turns on how compatible she is with the commissioning parents and includes considerations such as these. Will be a public knowledge that my child was born in this manner? Generally, yes, but the Courts often will permit the commissioning couple of seal their records, upon good cause shown. Can a close relative be used as a gestational surrogate? The only requirement for a gestational surrogate is that she be 18 years of age.  Otherwise, any female can serve within this capacity, regardless of whether she is related or not. If you have a situation requiring legal representation for a surrogacy contract, get your no-obligation consultation by contacting Corless Zinober FL  at 866-969-2889.