The US Surrogacy Law Map™
Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.
Gestational Surrogacy is permitted by statute in Florida (Ch.742.15 FL Stat.) for married couples who are allowed to file Petitions for Affirmation of Parental Status. The surrogacy statute does not apply to any other Intended Parent in Florida. However, Other Intended Parents are still able to do surrogacy in Florida, either only by filing paternity and maternity petitions or through pre-planned adoptions.
Do courts grant pre-birth parentage orders?
What are the bases for venue?
Do results vary by venue?
If yes, are motions to waive venue accepted?
Is a hearing required to obtain a pre-birth order?
Is a pre-birth order possible in Florida based on a Gestational Carrier’s plan to deliver in Florida, if no party lives in Florida?
Will Florida Vital Records honor a court order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Florida (i.e., neither of the Intended Parents lives in Florida)?
Note: This situation typically arises if the child is born outside the state. The parents then return to Florida to obtain a second parent adoption or stepparent adoption in Florida.
Will courts in Florida grant second parent adoptions or stepparent adoptions to heterosexual couples living in Florida?
Does the couple need to be married?
Will courts in Florida grant second parent adoptions or stepparent adoptions to same-sex couples living in Florida?
Does the couple need to be married?
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?
Traditional Surrogacy is permitted by Ch.63.213 FL Stat., which governs a pre-planned adoption by Intended Parents from a “volunteer mother,” who is genetically related to the baby she is carrying. Unlike Gestational Surrogacy, it is open to any prospective parent. Note, however, that a Traditional Surrogate’s consent is revocable for up to 48 hours after birth.
Elizabeth F. Schwartz
eschwartz@sobelaw.com
www.sobelaw.com
(305) 674-9222
Susan Stockham
StockhamLaw@me.com
www.stockhamlaw.com
(941) 924-4949
The Law Offices of Leslie Schreiber, P.A.
Miami, FL
lej.schreiber@gmail.com
www.leslieschreiber.com
Stephanie F. Bodolay – Law Offices of Robert T. Terenzio
stephanie@robertterenzio.com
http://robertterenzio.com
Fort Lauderdale, FL
Marla.Neufeld@gmlaw.com
www.gmlaw.com/attorneys/marla-neufeld/
Roia Barrios, PA
Tampa, FL
roia@barrios-law.com
www.barrios-law.com
The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the year 2022. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.
CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.
Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.
The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.
CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.
Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.