Surrogacy

Florida law has recognized two kinds of surrogacy: Genetic (traditional) and Gestational.

• 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 this arrangement are spelled out 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 from another. 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.

Since the baby is either genetically related to the intended parents or the gametes are donated to the intended parents, the child is presumed to belong to 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, other than reimbursement of living expenses.

Services

The Law Offices of Matthew S. Brown, P.A. serve both Intended Parents and Surrogates.

Matching Service
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 prepare profiles for both the intended parents and surrogates using questionnaires.  Then, we maintain the profiles for review and notify you of any potential matches as they occur.

Other Services:

• Known donor contracts
• Gestational surrogacy contracts
• Traditional surrogacy contracts
• All related legal proceedings

Family Law begins with FAMILY!

Southern Fertility and the Law Offices of Matthew S. Brown specialize in creating families. 

Unlike other firms that handle some aspects of family law, we focus on a comprehensive and positive approach of creating families and caring for their lifelong legal needs.