LEGAL CONSIDERATIONS IN FLORIDA RELATED TO GESTATIONAL SURROGACY AND EGG DONATION.
Florida is one of the few states which permits Intended Parents to establish the parental status to a child born through assisted reproduction without a paternity / adoption process. This dispenses with the problem of Intended Parents being forced to 'adopt' their own biological child to have their names put on the birth certificate.
Florida Statutes detail certain mandatory provisions for a contract to be enforceable. The Intended Parents must be over the age of 18 and a physician determined within reasonable medical certainty' that 1) the intended mother cannot physically gestate a pregnancy to term; 2) the gestation will cause a great risk to the physical health of the intended mother; or 3) gestation will cause a risk to the health of the fetus.
Florida statutes also require the gestational carrier or be over the age of 18, that she submit to reasonable medical evaluation, treatment and prenatal care and that she retain the sole consent with respect to clinical intervention and management of her pregnancy.
Some Other Considerations for Gestational Surrogacy
One question asked by Intended Parents is "can the carrier keep my child?" In Florida, the answer is always no. Florida statutes require the gestational carrier relinquish her possession of the child immediately upon the birth and assist the Intended Parents in the birth certificate proceeding. For more information related to these issues you can read my article.
Alternatively, Carriers often ask if the Intended Parents can abandon a child born through a gestational surrogacy. Florida law provides that Intended Parents are the legal parents of the baby upon birth. Thus, the Carrier need not concern herself of raising a child she shares no genetic relationship with.
If you are interested in being a Gestational Carrier, please call. We can help you find the match of your dreams.
Some Considerations for Single Parents
Single Intended Parents can also rely upon Florida Courts to permit them have a genetically related child through Surrogacy. While the steps are more involved than that used with couples, the end result is the same, your name will be on the birth certificate of your child.
Some Considerations for Egg Donation
Florida law supports donations by providing that so long as the donation is evidenced by a contract, the donation is absolute and neither Intended Parent or Donor should worry about the future of their privacy, the newborn or any remaining frozen eggs.
We recommend that all egg donations be anonymous. We provide a multi-step process to insure that Donor and Intended Parent do not share their personally identifying information. At the same time, we recommend the Parties permit limited contact, through a third party, to transmit medical information should Donor or child be diagnosed with a serious disease process having a genetic link to the other.