Two kinds of surrogacy have been recognized in Florida law: Genetic (“traditional”) surrogacy and Gestational surrogacy.

• Traditional surrogacy is where the surrogate contributes her own egg to the creation of the embryo and therefore has a genetic tie to the child. The pregnancy is usually achieved by artificial insemination. The genetic surrogate then carries and delivers the baby.

The basic requirements of a contract for such an arrangement are enumerated in Florida Statute §63.213. Of course, several other negotiable issues are involved in the contract.

• Gestational surrogacy is where the surrogate does not contribute her genetic material to the creation of the embryo; the egg and sperm originate from the intended parents or can be donated. The pregnancy is achieved through in vitro fertilization (IVF) and embryo transfer. The gestational surrogate then carries and delivers the baby, but does not have a direct genetic link to the baby.

As the baby is either genetically related to the intended parents or the gametes are donated to the intended parents, the child is presumed to be the child of the intended parents even as it develops in the surrogate. Although this procedure requires additional funds at the beginning for the medical professional component, it is favored as a more Intended Parent friendly alternative.

The section of Florida law that permits and outlines the gestational surrogacy procedures is described in Florida Statute §742.15. This law states that a couple wishing to enter into such an arrangement must sign an agreement with a gestational surrogate to carry a child. Upon the child’s birth, the surrogate will then deliver custody to the intended couple. No consent other than the original written agreement is necessary. The agreement is reviewed by the Court to confirm that it is in accordance with the law so that a new and accurate birth certificate can be issued. This process is much simpler and less risky than an adoption.

Most frequently, the intended couple reimburses the surrogate for reasonable living expenses, pregnancy, and delivery costs. No compensation is permitted in Florida, only reimbursement of living expenses.

Services

At the Law Offices of Matthew S. Brown, P.A. we offer services to both Intended Parents and Surrogates.

If you are not already matched, we may be able to assist you through our website links or matching service. In the matching process we obtain information from both intended parents and surrogates through questionnaires and then prepare profiles for each. We keep the profiles readily available for review and notification of any potential matches.

We also handle:

• Known donor contracts
• Gestational surrogacy contracts
• Traditional surrogacy contracts
• Perform all related legal proceedings

Other firms may handle many aspects of family law including divorce, custody, and child support. Our firm takes a more positive approach by specializing in creating families. Through adoption and surrogacy we help people achieve the goal of parenthood they’ve dreamed of.

“Family Law” begins with family! And we are here to help you build yours through surrogacy and/or adoption. Contact our office to take the first step in fulfilling your dreams.

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