Florida Fertility and Surrogacy Law
Trusted Legal Support for Intended Parents, Surrogates, and Donors in Florida
Florida offers clear pathways for family building, but its laws are more structured than in many other states. Specific requirements around marriage, medical necessity, and parentage make experienced, early legal guidance essential.
At Fertility & Surrogacy Legal Group, APC (FSLG), our attorneys help intended parents, gestational carriers, and donors navigate Florida’s laws with clarity, compliance, and proactive protection — so your journey remains secure from the start.
Why Florida Is Unique in Assisted Reproduction Law
Florida’s surrogacy laws differ from those of many other states and include specific requirements that impact intended parents:
Gestational surrogacy is permitted, but only under certain statutory conditions.
Only legally married heterosexual couples may enter into a traditional Gestational Surrogacy Agreement under Florida law.
A physician must certify medical necessity — meaning the intended mother cannot safely carry a pregnancy.
Other families (LGBTQ+, single parents, unmarried couples) use Florida’s alternative pathway: Pre-Planned Adoption Agreements.
Donor conception is clearly protected, with donors not treated as legal parents when statutory steps are followed.
Florida recognizes compensated surrogacy and allows reimbursement for a broad range of reasonable expenses.
These distinctions make Florida a strong option for many families — but one that requires precise legal planning from day one.
Who We Assist in Florida
FSLG supports a full range of individuals and organizations involved in assisted reproduction, including:
⚖️ Florida Surrogacy & Fertility Law Basics
Gestational Surrogacy in Florida
Florida permits gestational surrogacy through a formal Gestational Surrogacy Agreement, but the law applies only when:
- The intended parents are a married heterosexual couple, and
- A licensed physician confirms that the intended mother cannot safely carry a pregnancy or that doing so poses medical risk.
Under this structure, the agreement must outline:
- Rights and expectations of all parties
- Medical decision-making
- Financial and living expenses
- Surrender of the child after birth
- Intended parents’ acceptance of custody immediately upon birth
When statutory steps are followed, the gestational surrogate is not considered a legal parent.
Pre-Planned Adoption Agreements in Florida
Families who do not qualify for traditional gestational surrogacy — including:
- LGBTQ+ intended parents
- Unmarried intended parents
- Single intended parents
- Families using donor gametes
- Families without a medical-necessity affidavit
— may proceed through Florida’s Pre-Planned Adoption framework.
This pathway allows:
- A gestational carrier to agree, before pregnancy, to cooperate in an adoption
- Intended parents to petition the court for parentage after birth
- A process designed specifically for ART, providing legal clarity and enforceability
It is a trusted and widely used path for LGBTQ+ and donor-conceived families.
Donor Conception in Florida
Florida law clearly provides that:
- Sperm, egg, and embryo donors are NOT legal parents
- Intended parents become the legal parents when donor conception occurs under physician supervision
This framework gives donors and intended parents certainty and predictability.
Parentage Orders in Florida
Florida allows intended parents to secure legal parentage through:
Gestational Surrogacy (for married heterosexual couples):
Parentage is established under the Gestational Surrogacy Agreement shortly after birth.
Pre-Planned Adoption (for LGBTQ+, single, or unmarried parents):
Parentage is secured through an adoption-based proceeding.
Second-Parent and Stepparent Adoption:
If needed, FSLG assists families in obtaining:
- Second-Parent Adoption (for unmarried parents)
- Stepparent Adoption (for married parents)
These ensure full legal protection nationwide.
Hospital & Vital Records Support
FSLG coordinates with Florida hospitals so that:
- Staff understand the intended parents’ legal status
- Pre-Planned Adoption or surrogacy documentation is properly recognized
- Birth certificate information is processed smoothly
Families can also access our dedicated Hospital & Vital Records service for more detailed support.
Funds & Financial Management
Florida allows compensated surrogacy with reimbursement for a wide range of expenses.
Our in-house Funds & Financial Management service provides:
Secure, compliant escrow handling
Transparent accounting
Timely payments to carriers and providers
This helps ensure a smooth and fully compliant financial process.
For International Intended Parents Delivering in Florida
Florida is a common destination for international intended parents working with U.S. clinics and agencies.
FSLG assists with:
- Birth certificate processing
- Coordination for passport applications
- Travel and documentation guidance
Support is tailored to the requirements of your home country.
Florida Fertility & Surrogacy — Frequently Asked Questions
Is gestational surrogacy legal in Florida?
Yes — but only for married heterosexual couples who meet Florida’s medical-necessity requirement.
Can LGBTQ+ or unmarried couples pursue surrogacy in Florida?
Yes — through Florida’s Pre-Planned Adoption pathway, which is designed for families who do not meet the statutory surrogacy requirements.
Does Florida allow compensated surrogacy?
Yes. Reasonable medical, legal, counseling, and living expenses may be reimbursed.
Are donors considered legal parents in Florida?
No — donors are not legal parents when gamete or embryo donation occurs under proper medical supervision.
Do intended parents need to live in Florida?
No — out-of-state and international families may complete their surrogacy and parentage process in Florida.
When is a second-parent or stepparent adoption needed?
In some cases involving donor conception or unmarried parents, adoption finalization is recommended to secure nationwide recognition.
Legal Summary: Florida Surrogacy & Parentage Law
Gestational Surrogacy:
Florida Statutes §§ 742.15–742.16
Pre-Planned Adoption Agreements:
Florida Statute § 63.213
Donor Conception:
Florida Statute § 742.11
These statutes govern medical necessity, marital requirements, contract terms, donor parentage rules, and adoption-based parentage pathways.
Start Your Florida Journey with Confidence
If Florida is part of your fertility or surrogacy plan, our attorneys are here to guide you every step of the way — with precision, clarity, and compassion.
📞 Call 619-309-2310 or complete our consultation form to begin.