Surrogacy arrangements require detailed legal planning to protect the rights of intended parents and gestational carriers. Florida has specific statutory provisions governing surrogacy contracts, and compliance with those laws is critical to avoid future parentage disputes.
Surrogacy agreements in Florida are addressed under Chapter 742, Florida Statutes, and must meet statutory requirements to be enforceable.
The Law Office of Tiffany M. Hughes, P.C. assists clients with surrogacy agreements throughout Southwest Florida and the greater Tampa Bay region, including but not limited to, Sarasota County, Manatee County, Charlotte County, DeSoto County, Lee County, Hillsborough County, and Pinellas County. Every consultation is conducted directly with a licensed Divorce and Matrimonial Law Attorney, not a salesperson, not a case manager, and not an intake team.
A surrogacy agreement is a legally binding contract between:
The agreement outlines rights, responsibilities, financial terms, and parentage expectations before pregnancy begins.
Florida law primarily recognizes:
Gestational Surrogacy
The surrogate carries an embryo to which she is not genetically related.
Traditional Surrogacy
More legally complex, as the surrogate may be genetically related to the child.
Each type requires careful legal evaluation.
A comprehensive surrogacy contract should address:
Clarity reduces future litigation.
Florida law allows intended parents to obtain court orders confirming parentage following birth when statutory requirements are satisfied.
Strict compliance with statutory procedures is essential.
Surrogacy agreements are frequently used by same-sex couples seeking to build their families. Proper drafting ensures legal recognition of both parents.
When parties reside in different states or countries, additional jurisdictional and enforcement issues may arise.
Advance planning is critical.
Is surrogacy legal in Florida?
Yes, when structured in compliance with Florida statutes.
Do we need a written contract before embryo transfer?
Yes. Properly executed agreements are essential before medical procedures begin.
Can intended parents obtain a court order confirming parentage?
Yes, if statutory requirements are met.
If you are considering a surrogacy arrangement, experienced legal guidance can protect your parental rights and ensure statutory compliance.
Contact The Law Office of Tiffany M. Hughes, P.C. to schedule a confidential consultation regarding surrogacy agreements in Florida.
180 North Stetson Avenue, Suite 3500
Chicago, Illinois 60601
1201 6th Ave W STE 100 Unit #677 Bradenton, Florida 34205
