How Does Surrogacy Work Under Florida Law?
Building a family through surrogacy has become an increasingly common path for couples who are unable to carry a pregnancy to term. Florida is one of a smaller number of states with a detailed statutory framework governing gestational surrogacy, which provides a measure of predictability for intended parents and gestational carriers alike. Understanding how these arrangements work under Florida law can help individuals and couples know what to expect before pursuing this option.
Gestational Surrogacy Under Florida Statutes
Florida law addresses gestational surrogacy specifically in Section 742.15 of the Florida Statutes. Under this statute, a gestational surrogacy contract must be entered into before any embryo transfer takes place, and it must meet several specific requirements in order to be considered binding and enforceable.
Among other things, the statute requires that the gestational surrogate be at least 18 years old, and that the intended parents (referred to in the statute as the “commissioning couple”) be legally married and also at least 18 years old. In addition, a licensed physician must determine, within reasonable medical certainty, that the intended mother is unable to safely carry a pregnancy to term, or that doing so would pose a health risk to her or to the child.
What a Surrogacy Contract Must Include
Florida law also outlines specific terms that must be included in a gestational surrogacy contract. For example, the surrogate must retain the right to make her own medical decisions during the pregnancy, and the intended parents must agree to accept parental rights and responsibilities immediately upon the child’s birth. The contract must also address the surrogate’s agreement to relinquish parental rights following the birth, consistent with the procedures set out elsewhere in Chapter 742.
Once the child is born, intended parents generally seek a court order affirming their parental status, rather than relying on a pre-birth order, which allows the birth certificate to reflect the intended parents.
A Recent Legal Development
Florida’s surrogacy laws have also been subject to recent legislative changes. Effective July 1, 2026, an amendment to Section 742.15 added new restrictions related to the citizenship or residency of parties involved in a gestational surrogacy contract. This kind of legislative activity illustrates why it is important for anyone considering surrogacy in Florida to review the current version of the statute and confirm how recent changes may affect a particular situation.
Traditional Surrogacy Is Treated Differently
It is worth noting that Florida law treats “traditional” surrogacy, in which the surrogate has a genetic connection to the child, differently from gestational surrogacy. Traditional surrogacy arrangements generally fall under Florida’s preplanned adoption statute rather than Section 742.15, and they involve a different legal process and different protections for the parties involved.
Why Legal Guidance Matters in Surrogacy Arrangements
Because gestational surrogacy contracts must satisfy specific statutory requirements to be enforceable, and because recent legislative changes have added new considerations for certain parties, these arrangements often benefit from careful legal review before any agreement is signed or medical procedures begin.
This post is intended to provide general educational information about Florida’s surrogacy laws and should not be relied upon as legal advice for any particular situation. Anyone considering surrogacy, whether as an intended parent or as a gestational carrier, should consult with a qualified attorney to understand how these laws may apply to their circumstances. The Port St. Lucie family law attorneys at Baginski Brandt & Brandt are available to answer questions about family formation options, including surrogacy, adoption, and parentage matters under Florida law.
