While Florida is known to be a surrogacy-friendly state, Florida has been behind the curve when it comes to the issues of same sex marriage and same sex adoption. Fortunately, we have made a lot of progress in 2015. Florida’s gestational surrogacy statute specifically provides that the commissioning couple be a married man and woman. If a married same sex couple wishes to use a surrogate, it can be argued that this statute would also apply to them, as the statute has just not caught up with the evolution that has occurred since 2015 with regard to marriage equality and the rights of same sex couples and families. Additionally, Florida’s legislature has removed the ban on gay adoption from Florida’s statutes. Same sex couples have been able to adopt and utilize a surrogate in Florida prior to these recent developments, however, these welcome changes will make the process more streamlined.
If an unmarried same sex couple wishes to create their family with the assistance of a gestational carrier, it is important to proceed under Chapter 63 of the Florida Statutes, and draft the agreement as a pre-planned adoption agreement. This agreement with the surrogate is somewhat different than a contract used by a heterosexual couple, and the court process and documents required are a little different as well. But, the same result can be achieved, and a home study is not necessary. As a Reproductive Lawyer, Karen Persis understands the nuances in the law that affect same sex couples on their journey to family formation. She knows how to draft these agreements, how to proceed in court, and enjoys helping same sex couples and individuals create their families. Please contact her for a free consult today concerning same sex adoption or surrogacy, so that all of these issues and developments can be discussed in great detail.
Attorney Karen Persis represents clients throughout the State of Florida, including the cities of Miami, Jacksonville, Tampa, Orlando, St. Petersburg and more.