• 07
  • July
    2010
Anyone who participates in family law issues would agree on one thing – everything takes a long time, and involves a myriad of people and government agencies.  Within the context of a gestational surrogacy, a slow, arduous adoption of the child would negatively impact all involved.  Imagine the pain of a new mother, who must wait months to get a court to permit her adoption of her own genetic child.  Consider, too, the impact of a delay on the gestational surrogate who, having done a good deed, must now wait for the parents to take full, legal responsibility for the child.  While virtually all commissioning couples include a provision in their contract permitting them to take immediate physical custody of the child upon birth, the absence of a formal legal decree adds additional stress and discomfort to the parties involved.

Accelerated Adoption Procedure

To this issue, the Florida legislature had the forethought to include an accelerated adoption procedure for families founded upon Section 742.15.  Within 3 days after the birth of a child delivered of a gestational surrogate, the commissioning couple shall petition a court of competent jurisdiction for an expedited affirmation of parental status.  After the petition is filed, the court shall fix a time and place for hearing the petition, which may be immediately after the filing of the petition.  Notice of the hearing shall be sent to the Commissioning Couple, the gestational surrogate, the treating physician who was responsible for the pregnancy (i.e. the IVF doctor who performed the procedure), and to anyone else who may somehow claim paternity. The commissioning couple or their lawyer shall appear at the hearing on the petition. At the conclusion of the hearing, after the court has determined that a binding and enforceable gestational surrogacy contract has been executed and that at least one member of the commissioning couple is the genetic parent of the child, the court enters an order stating that the commissioning couple are the legal parents of the child.  When at least one member of the commissioning couple is the genetic parent of the child, the commissioning couple is presumed to be the natural parents of the child. 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.