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Surrogacy FAQS

Geller Law and Mediation > Surrogacy FAQS

DOES FLORIDA LAW ALLOW SURROGACY?

Yes. Gestational surrogacy is codified into Florida law. Pre-planned adoption agreements in the case of generic or traditional surrogacy are also allowed by law.


CAN YOUR FIRM HELP US LOCATE A SURROGATE?

Yes.

We can connect to agencies that can help you locate a surrogate and arrange for all necessary mental and physical exams, background checks and other important procedures to help ensure you are making the best possible choice.

CAN YOU DEFINE GESTATIONAL SURROGACY?

This method of surrogacy carries far more legal protection than traditional surrogacy.

Gestational surrogacy involves a surrogate who is not physically related to the child she carries. That can mean the couple who initiates the process provides either the egg, the sperm or both to create the embryo that is transferred to the surrogate. For the process to be defined as gestational surrogacy, either the egg or the sperm, but not both, may come from a donor.

According to Florida law, at least one of the intended parents must be a biological parent and the couple must be married.

In the event you are not married, another similar process called a Preplanned Adoption, is utilized.


WHAT IS TRADITIONAL SURROGACY?

In traditional surrogacy, the most common scenario is that the surrogate serves as the egg donor as well as the surrogate. In a separate situation, the person wanting to become a parent could be unmarried and use an egg donor along with a separate surrogate. We do not recommend that our clients utilize this method; rather, use of an egg donor and non-traditional surrogate is advised.


CAN YOU EXLAIN HOW SURROGACY PROCESS WORKS WITH YOUR FIRM?

Please contact us for a free initial consultation. During the consultation, we can explain how to apply for a surrogate, the legal procedures involved and the free structure.


HOW LONG DOES IT TAKE TO FIND A SURROGATE?

The match usually takes from a week to two months. If you have specific ethnic or other qualifications for the surrogate, the process could take more time.


HOW ARE SURROGATES COMPENSATED FOR THEIR INVOLVEMENT?

You can provide living expenses to your surrogate and these can be negotiated, but the law does not allow you to offer her direct compensation. Once an agreement is reached, funds are usually held in escrow to protect both parties.


DO I HAVE ANY SAY IN WHERE THE SURROGATE GIVES BIRTH?

This can be negotiated, but a surrogate usually gives birth at a hospital near her. To simplify the legal process and file the proceeding in Florida, we require the surrogate gives birth in Florida.


WHOSE NAME IS ON THE BIRTH CERTIFICATE?

The court will order the Department of Vital Statistics to issue a new birth certificate naming the intended parents and will also order the sealing of the original birth record.