Gestational Surrogacy in Florida

What is Gestational Surrogacy?

Gestational surrogacy is an arrangement in which a woman — the Gestational Surrogate — carries and delivers a child conceived using an embryo created from the Intended Parents’ or donors’ genetic material. The Gestational Surrogate has no genetic relationship to the child she carries.

This is distinct from traditional surrogacy, in which the surrogate is also the child’s genetic mother. Florida’s statutory framework treats the two arrangements very differently, and the legal path to establishing parentage depends on which type of arrangement is used.

Florida law on Gestational Surrogacy

Florida is considered a surrogacy-friendly state. Gestational surrogacy is expressly authorized by statute, and Florida courts routinely enforce well-drafted gestational surrogacy agreements.

Because the statutory framework specifically references legally married Intended Parents with at least one genetic connection to the child, an alternative statutory pathway may apply for unmarried Intended Parents, single Intended Parents, Intended Parents using donor embryos, or arrangements that do not meet every element of Section 742.15. Karen will identify the appropriate framework at the initial consultation.

On July 1, 2026, Florida’s surrogacy statutes were updated to provide that Intended Parents or Gestational Surrogates who are citizens or residents of a “Foreign country of concern” cannot enter into a surrogacy agreement in Florida. “Foreign country of concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic. It is important for the parties to confirm citizenship status before engaging in a surrogacy agreement in Florida.

The Gestational Surrogacy Agreement

The Gestational Surrogacy Agreement is the foundational legal document of any surrogacy journey. It is executed before medical procedures begin — most fertility clinics require legal clearance prior to the start of stimulation medication.

These agreements are substantial, substantive documents. They address:

• The intent of the parties and the legal parentage of any child born from the arrangement
• Medical decision-making authority during pregnancy
• Legally permissible reimbursements to the Gestational Surrogate
• Health and lifestyle expectations during pregnancy
• Travel restrictions while pregnant
• Confidentiality and future contact
• Communication expectations during the pregnancy
• Hospital selection and who can be present at birth
• Insurance coverage and life or accidental death insurance
• Termination of Agreement scenarios and material breach provisions
• Assumption of Risks
• Selective reduction and termination of pregnancy expectations (please note, a Gestational Surrogate cannot be required to terminate or selectively reduce a pregnancy)

The Gestational Surrogacy Agreement is not a template exercise. Every family’s expectations and circumstances differ, and thorough drafting at the beginning of the journey helps to prevent or minimize disputes during pregnancy — when the legal, emotional, and financial stakes are highest.

Preplanned Adoption Agreements

In arrangements where a Gestational Surrogacy Agreement is not the appropriate statutory framework — including unmarried Intended Parents, single Intended Parents, Intended Parents using donor embryos, or traditional surrogacy arrangements — a Preplanned Adoption Agreement under Florida Statute 63.213 will be used instead.

The Preplanned Adoption Agreement will address the same substantive matters that a Gestational Surrogacy Agreement does, however, due to Preplanned Adoption Agreements being governed by the various rules of the Florida adoption statutes, some additional documents and procedures may be necessary.

Rest-assured: if the surrogate is not genetically related to the child, she cannot change her mind and keep the child under a Preplanned Adoption Agreement. Her consent, which she is required to execute by law at the same time as she signs the Preplanned Adoption Agreement, will be irrevocable due to her lack of genetic connection. If the surrogate, however, is a traditional surrogate such that her egg was used to conceive the child, she will have a 48-hour post-birth right to revoke her consent.

Who does Karen represent?

Karen represents Intended Parents or Gestational Surrogates and is grateful to have a practice rich with both types of clients. Because Intended Parents and Gestational Surrogates have distinct legal interests, one attorney cannot represent all parties in the same arrangement.

Karen recommends that the parties retain independent counsel to review and negotiate the agreement, ensure informed consent, and protect their respective interests throughout the surrogacy journey.

Frequently asked questions