Fertility technology has expanded rapidly in recent years, offering innovative ways for same-sex couples and those struggling with infertility to expand their families. If you’re considering this option for your family, explore different types of surrogacy and become familiar with Florida legislation regarding surrogacy.
Florida Surrogacy Law
While many states have limited or unclear surrogacy legislation, Florida has clear laws that protect the rights of both the surrogate and the prospective parents. Statute 63.212 covers traditional surrogacy. This law requires the surrogate to sign an agreement that the intended parents will have custody of the child after his or her birth. This law also prevents compensation for surrogacy to protect women from exploitation.read more
From saving lives to creating lives, our society has been known to create miracles. And having the ability to help couples start or grow their families with advanced reproductive technologies is one of them.
However, with these advancements in reproductive technologies, the state of Florida has had to adjust their laws accordingly in order to protect and address the rights of donors, adoptive parents, biological parents, and even surrogates.
While the area of surrogacy appears to be one that involves more science and medicine than law, a Florida surrogacy attorney is also important to help protect parents’ and surrogates’ rights through the surrogacy process.
Read more here to learn about how a Florida surrogacy attorney can help serve surrogates and parents.
Surrogacy has become more and more popular over the years. In fact, according to the Council for Responsible Genetics, it is estimated that approximately 5,000 children were born of surrogacy arrangements between 2004 and 2008.
Furthermore, it is also estimated that approximately 9 children are born of surrogacy arrangements in each state every year.
Determining and Defining a Surrogacy Arrangement
Regardless of whether you are thinking about becoming a surrogate or you are already involved in a surrogate arrangement or you are future parents, expecting your first child, here are some rights you need to know:
=&0=& If you are considering volunteering to be a surrogate for a couple in the state of Florida, the first step is to define the type of surrogacy arrangement, as your rights as a surrogate will vary depending on the type of arrangement.
There are two different surrogacy arrangements:
=&1=&) A genetic arrangement – Fertilization involves your egg and the sperm of one parent or the sperm from a separate donor
=&2=&) A gestational arrangement – The surrogate carries the fertilized embryo of the future parents
=&3=& In a genetic surrogacy arrangement, or also known as “traditional surrogacy”, the surrogate’s biological egg is fertilized. Therefore, the child that she carries is biologically related to the surrogate mother under Florida state law.
Therefore, in order for the commissioning parents to be considered legal guardians of the child, they must proceed with an official adoption process.
=&4=&On the other hand, in a gestational surrogacy arrangement, a fertilized embryo is implanted into the surrogate for her to carry the child to term.
In this situation, the child born is NOT biologically related to the surrogate mother, which means the future parents do not have to go through the legal adoption process. However, an official affirmation of parental rights is still conducted through a Florida surrogacy attorney.
Learn about : What You Need to Know in a Surrogacy Agreement
What if an Egg or Sperm Was Donated?
In-vitro fertilizations involve a donated sperm or egg that is implanted into the surrogate mother. In some cases, a close friend or other loved one is asked to donate his or her sperm or egg in order for a particular couple to have a child with specific genes.
In other cases, however, various parties might have embryos left over, which are donated to couples who desire to have a child or expand their families.
Count on a Florida Surrogacy Attorney for Legal Help
A surrogacy arrangement is an exciting time for new parents, as well as parents who desire to expand their families. However, a surrogacy arrangement can quickly turn upside down if the proper legal formalities and processes aren’t properly in place.
Ensure the legal success and outcome of your surrogacy arrangement by working with a Florida surrogacy attorney.
Visit here to learn about how a Florida surrogacy attorney can guide you through the surrogacy or adoption process.
Becoming a surrogate mother can be an extremely rewarding experience. You are helping other parents who cannot conceive and carry a child to term on their own. If you are sure that you want to help a family in this way, then you need to be sure that your interests are protected in the agreement with the family.
Thankfully, Florida has some of the most comprehensive laws surrounding surrogacy to ensure that the surrogate, the parents, and the child are all safe and protected. In fact, the laws are so comprehensive, that you can become a surrogate mother in four steps.
Decide whether to use an agency or go through an individual match.
Florida allows you to become a surrogate mother with a relatively simple contract. That means that you have the choice of dealing with an agency or creating a relationship with a couple or single person on your own.
If someone approaches you to be a surrogate mother, then you can actually make all of the arrangements between you and that couple or individual. You simply have to call an experienced Florida surrogacy attorney to be sure that you, and the other parties involved, are fulfilling all of your legal obligations.
Determine the type of surrogacy.
There are two types of surrogacy, both of which are legal in Florida. The first is that the surrogate mother is impregnated using artificial insemination. The donor will use his own sperm to create the child and the surrogate will use her own egg.
In the second type of surrogacy, an embryo (a joined egg and sperm) is implanted into the surrogate mother so she can carry the child to term. In this type of surrogacy, the surrogate mother does not use any of her own genetic material.
Selecting a surrogacy method depends on the new parents’ needs. Couples who have healthy eggs and sperm may prefer that the surrogate use their genetic material, but each situation is different.
Draw up the legal contract.
Once you have determined which type of surrogacy you want and whether you will use an agency, you will need to draw up the contract. If you use an agency, they will likely have a standard contract that they use. However, you should still have a knowledgeable surrogacy attorney review your contract to ensure your legal rights are protected.
Do not create the contract yourself. You will likely miss key terms or items that can be devastating. This type of relationship is too important to risk having a poorly written contract. You =&3=&have a written contract for the surrogacy to be valid and legal.