Legal Framework
Florida Statutes §742.15 (Gestational Surrogacy Contracts) provides a statutory framework for gestational surrogacy. However, the Florida statute explicitly requires intended parents to be married to each other and physically unable to carry a pregnancy. This statutory language creates uncertainty for unmarried couples and same-sex couples pursuing surrogacy in Florida, though courts have generally been willing to work with all family types in practice.
Pre-Birth Orders in Florida
Pre-birth orders are available in Florida but are not universally granted across all counties. The availability and process depend significantly on the presiding judge and county. Married heterosexual couples who meet the statutory requirements have the most straightforward path. Other configurations should consult with an experienced Florida reproductive attorney before finalizing a delivery plan in Florida.
LGBTQ+ Intended Parents
Florida’s statutory language creates more complexity for LGBTQ+ intended parents than surrogacy-friendly states. That said, Florida courts have increasingly recognized same-sex couples’ parental rights, and experienced reproductive attorneys in Florida have developed workable pathways. LGBTQ+ parents should strongly consult with a Florida reproductive attorney before choosing Florida as a delivery state.
Working with a Surrogate in Florida
Florida has a large surrogate population and many experienced reproductive attorneys and fertility clinics. Surrogate compensation in Florida tends to be moderate compared to California. If your surrogate is based in Florida, retain a Florida-licensed reproductive attorney with specific gestational surrogacy experience to assess your specific situation.
Florida can work for many intended parent configurations, but requires careful legal planning — especially for unmarried and LGBTQ+ parents. County-level experience matters significantly.