Protecting Your Parental Rights Before and After Birth
Parentage Orders for Gestational Surrogacy in Florida
For intended parents pursuing gestational surrogacy, the post-birth court proceeding is the most critical legal step in the journey in order to establish parental rights.
Florida’s gestational surrogacy laws offers specific procedures designed to protect intended parents in gestational surrogacy arrangements, including post-birth legal affirmation of parental status.
What Is a Parentage Judgment in Florida?
A Final Judgment of Affirmation of Parental Status under Fla. Stat. 742.16 is a required, post-birth court judgment that legally confirms the intended parents’ parental rights concerning a child born through a gestational surrogacy arrangement. A Petition for Affirmation of Parental Status must be filed within 3 days after the birth of the child. It is a confidential, expedited proceeding under Florida law.
These final judgments confirm the legal parent-child relationship between the intended parents and the child. They are also the first step in getting a birth certificate issued with the intended parents’ names on it.
If intended parents engaged the preplanned adoption statute, Fla. Stat. 63.213, for their surrogacy proceeding, their post-birth court proceeding will be a Petition for Adoption Pursuant to s Preplanned Adoption/Gestational Surrogacy Agreement. This proceeding will also be required to confirm the legal parent-child relationship between the intended parents and the child. They are also the first step in getting a birth certificate issued with the intended parents’ names on it.
For intended parents, obtaining a Final Judgment of Affirmation of Parental Status or Final Judgment of Adoption represents the final legal step in their gestational surrogacy journey.
What Is a Pre-Birth Order in Florida?
A pre-birth order is a court order obtained before the child’s birth that declares the intended parents to be the parents to the child. Florida’s surrogacy statutes and adoption statutes have no legal mechanism for pre-birth orders. Instead, pre-birth declaratory judgments may be entered, at the court’s discretion, under the general declaratory judgment statute unrelated to surrogacy. Pre-birth orders in Florida will not get the intended parents’ names on the birth record at the hospital. The post-birth legal process is still required to establish parental rights of the intended parents to the child born through gestational surrogacy in Florida. A pre-birth order is a completely optional legal process, and it may not be something all intended parents choose to pursue.
For intended parents who may be traveling from another state or country for the birth, a pre-birth order can provide valuable certainty and reduce stress during an already emotional and exciting time.
Why Intended Parents Should Work With a Florida Surrogacy Attorney
If the child will be born to a gestational surrogate in Florida, it is critical to engage a Florida reproductive lawyer to ensure the nuances of Florida’s surrogacy laws are followed. This will allow for a smooth transition in having birth certificates issued so as to not delay this process.
Karen Persis can work with intended parents to determine which process will be best for their circumstances, whether that be pre- and post-birth, or post-birth only. Karen will ensure compliance with Florida’s surrogacy laws and stays with intended parents through coordination of and issuance of birth certificates.