Yes, it is legal.  Florida has codified the procedures for Gestational Surrogacy and provides for pre-planned adoption agreements, in the case of Genetic (traditional) Surrogacy. 

Yes, through our agency, Advocates for Surrogacy of Florida,  we will help you find the perfect match.  We will assist you in every phase from the application, the matching process, counseling, travel arrangments, escrowing funds, to including legal services.

Gestational Surrogacy is the legal and medical process through which a Surrogate woman carries the genetic material of  the Intended Father or Sperm Donor and the Intended Mother or Egg Donor. 

Using the process of IVF (in-vitro fertilization) eggs are retrieved from the intended mother or egg donor's ovaries and fertilized with the sperm of the intended father or sperm donor to create Embryos.  Embryos are then transferred to the gestational surrogate mother's uterus where she will carry the fetus to term and deliver a baby for the Intended Parents.

In Traditional Surrogacy, the Surrogate is genetically related to the child she is carrying - she is both the Egg Donor and the Surrogate. 

In Gestational Surrogacy, the Surrogate is not genetically related to the child.  She carries the genetic material of the Intended Parents (or Sperm/EggDonors).  This type of surrogacy provides the opportunity to be genetically related to the child and is quickly becoming the choice for those who face infertility.  The legal protections for the Intended Parents in a Gestational Surrogacy arrangment are far more solid and offer more security.

1. Initial Consultation: The intended parents, will have a one-hour initial consultation, at no cost, where we discuss the application for a surrgote, the legal procedures and the fee structure.  We will answer your questions and concerns.  This conference can be either by phone or in person. 

2. Connect with Network Agency & Application:We work with you and one of our network agencies to find where you will fill out an application for their review.

3.  Intended Parents Evaluation:  The agency will conduct an in-depth evaluation.  You will have to fill out a questionnaire and be interviewed by a licensed psychologist.  If you have already been evaluated by a psychologist, then you will be asked to provide a Consent so that the agency's psychologist can collaborate with the psychologist who performed the evaluation.

4.  Surrogate Evaluation:  The agency inteviews potential surrogates based on the woman's application and profile information.

5.  The Matching Process: Intended Parents will be provided with Surrogate profiles who appear to be a possible match.  The Surrogate will also be provided with a profile of the Intended Parents.  Identifying information is removed from the profiles.  If both parties feel comfortable with the other and if requested, an introduction, by telephone first, will be coordinated.

6.  Background Checks, Psychological & Medical Screening:  Once an initial match is acheived, the Agency conducts criminal background checks on the Surrogate and her husband.  The Surrogate and her husband will travel to Miami for psychological assessment (using PAI) and clinical interviews to make sure that she and her spouse are ready and able to provide surrogacy services.

7.  Finalization of Agreement between Surrogate and Intended Parents: A conference is scheduled between the Intended Parents and the Surrogate and her husband to discuss and agree on specific terms of the surrogacy contract.  We draft your agreement and it is signed by all parties and their counsel. 

8.  Escrow Funds:  Once all parties are cleared medically, the Surrogacy Agreement signed, the Intended Parents will be required to place funds in escrow (held by the Agency), the medical process can begin.

Depending on your requirements, a match is usually made between 1 and 8 weeks.  If you are looking for surrogate mother ofa specific ethnicity or in a particular geographic location, it can take longer.

Your legal fees will vary depending on your specific circumstances.  Please call our office to schedule an initial consultation.  We do not charge for initial consultations relating to surrogacy and pre-planned adoptions.

Florida prohibits direct compensation to surrogate mothers.  The law provides that reasonable expenses may be paid.  The expenses that the intended parents will pay and how much is paid, is subject to negotiations. 

Once the Gestational Surrogacy Agreement is signed by all parties, the Intended Parents will deposit funds according to the terms of the Agreement in an escrow account.  The Surrogate will be paid according to the contract terms.  Usually payments are made on the first of each month following confirmation of pregnancy by the 14 day blood test and heartbeat detection.  The account will be managed accordingly and you will receive statements of its activity.

Typically, the Surrogate will deliver your baby at a hospital local to her.  Usually, the hospital and obstetrician chosen are the ones that the Surrogate chose when her own children were born.  This, however, can be negotiated.

This is subject to negotiations.  Generally, any one providing genetic material will be subjected to HIV, CMV, Hepatitis B and C blood tests and undergo STD screen.

The number of times that the Surrogate will try for a pregnancy and birth is part of the negotiated terms.  If you have gone through the agreed upon amount of transfers with your Surrogate and she does not get pregnant and you wish to try again with a different Surrogate, you will be matched with a different woman.

Yes.  Within 30 days after entry of the order, the clerk of the court shall prepare a certified statement of the order for the state registrar of vital statistics on a form provided by the registrar.  The Court will then enter another Order requiring the Department of Vital Statistics to issue a new birth certificate naming you as parents and requiring the original birth certificate to be sealed.

1. Within 3 days after the birth of a child delivered by a gestational surrogate, we will file a Petition for Expedited Affirmation of Parental Status. 

2.  A hearing before the court of competent jurisdiction is requested and notice of the hearing will be provided by the commissioning couple to the gestational surrogate, the treating physician of the ART (assisted reproductive technology) program and any party claiming paternity.

The hearing will be held in closed court without admittance of any person other than essential officers of the court, the parties, witnesses and any person receiving notice of the hearing.

3.  We will appear with you, the commissing couple (intended parents), at the hearing on the petition.  The Court will determine that a binding and enforceable gestational surrogacy contract has been executed and that at least one parent is the genetic parent of the child.  Then, the Court will issue an Order stating that the commissioning couple are the legal parents of the child. (when at least one member of the commissioning couple is the genetic parent of the child, the commissioning couple shall be presumed to be the natural parents of the child)

4. Within 30 days after entry of the order, the clerk of the court shall prepare a certified statement of the order for the state registrar of vital statistics on a form provided by the registrar.  The Court will then enter another Order requiring the Department of Vital Statistics to issue a new birth certificate naming you as parents and requiring the original birth certificate to be sealed.