A gestational surrogacy is one where the surrogate is not genetically related to the child. Florida Statute 742.15 provides that a gestational surrogacy agreement is binding and enforceable only if the commissioning couple (also called the “intended parents”) are legally married and over the age of 18, and the gestational surrogate is over 18 as well. We are fortunate in Florida that we have a statute that permits and governs this relationship, as many states do not have statutes, or outlaw gestational surrogacy altogether.
While the surrogate will have no genetic connection to the child, it is still important to address the intent, rights, and responsibilities of the parties in the Gestational Surrogacy Agreement. Consequences for breach of such agreement should be addressed as well. A Gestational Surrogacy Agreement can be the simplest way, from a legal stand point, to achieve your family. It is important to choose a lawyer who specializes in surrogacy law so that the contract is thoroughly drafted and the subsequent court proceedings are properly handled.
Attorney Karen Persis represents clients throughout the State of Florida, including the cities of Miami, Jacksonville, Tampa, Orlando, St. Petersburg and more.