The Florida Bar
American Bar Association
Weston Florida Chamber of Commerce

Surrogate Contracts and Surrogacy

A Gestational Surrogate is a woman who carries a baby in her womb until a baby is born. Typically, she is not biologically related to the minor child, unless her eggs are used in the process. The Intended Parents' genetic material, sperm and egg are used or alternatively an Egg and/or Sperm Donor.

A Gestational Surrogate is defined by Florida Law as a woman who signs a contract to become pregnant through reproductive technology, but agrees that the baby will not be her biological child.

The pregnancy is assisted by Fertlity clinics and medical technology using at least the sperm or egg of at least one of the Intended Parents.

A written Surrogate Contract Must be executed between the Surrogate and the Commissioning Couple. Florida Statute 742.15 must be strictly complied with in preparation of the contract.

Three days after the birth of the child the Commissioning Couple must Petition the Court for Legal Affirmation of Parental Status. The court conducts an Evidentiary Hearing to confirm that the Surrogate Agreement is in Compliance with Florida Statute 742.15.

During the pregnancy, the Commissioning Parents are responsible for all expenses associated with the medical screening, insemination, prenatal care, birth and delivery expenses.

This is a very expensive process and the Surrogate Contract must be negotiated carefully.

There are typically Contracts which must be negotiated with the Fertlity Doctor and clinic as well.

This process should not be performed without the assistance of an Attorney.

Feel free to contact me for Legal assistance in this process.

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