Charlotte H. Danciu, P.A. Attorney at Law.

Surrogacy In Florida

Have You Thought About Being A Surrogate Or Looking Into Surrogacy?

Looking into being a surrogate mother or extending your family through surrogacy can be quite an overwhelming process.  There are several factors that come into play when thinking about surrogacy:

  • The legal aspect
  • The emotional aspect
  • The physical process
  • The time commitment
  • And more…

Surrogacy is an “all-in process” for the duration of the commitment which takes approximately one year.  Surrogacy in Florida is protected and regulated by specific laws, making it important that you understand the legal process before considering surrogacy.

There are two types of surrogacy:

  1. Traditional surrogacy
  2. Gestational surrogacy

Ins And Outs Of Traditional Surrogacy

Traditional surrogacy is not as common as Gestational surrogacy.  The surrogate uses her own egg.  The egg is then fertilized using sperm from the intended father or a sperm donor, which is called intrauterine insemination.  This process is called artificial insemination.

The surrogate mother is the biological mother of the child that she carries; therefore, a pre-planned adoption agreement and the termination of the mother’s parental rights are a part of the process. This means the traditional surrogate’s consent is revocable up to 48 hours after birth.  Once the revocation period has expired, the pre-planned adoption agreement is then presented to the court for approval.  If the court does not approve the adoption agreement or the adoption agreement is terminated by either party, the surrogate then assumes parental rights and is now responsible for the child.

Traditional surrogacy involves intrinsic emotional and legal risks making it extremely rare.

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Why Gestational Surrogacy Is The Most Common Method

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Gestational Surrogacy is the most common method used in Florida.  Gestational surrogacy is when doctors transfer an embryo (produced in a lab with invitro fertilization) to the surrogate’s uterus with either donor or intended parents’ egg and sperm.  The surrogate mother is not the biological mother of the child she carries.

Gestational surrogacy is mostly used by:

  • Heterosexual couples who struggle with infertility
  • Intended mothers who are unable to carry a child
  • Intended parents who have a genetic defect or health condition they don’t want to pass on to their child.
  • Same-sex intended parents who want to have a genetic link to their child

Choosing Your Surrogate

There are several different things you should think about when choosing your surrogate:

  • What is it you are looking for in the person
  • What kind of relationship do you want to have with them
  • Assessing your expectations for the surrogate process

Charlotte Danciu is a surrogacy attorney in Orlando, Florida, and specializes in locating and prescreening possible surrogates for her intended parent clients.  Charlotte will also locate intended parents for women who want to be surrogates for others.

Surrogacy is a process that brings people together for the sake of creating a family.  Some surrogates will stay in touch with intended parents after the process of surrogacy has ended.

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Surrogacy Contracts In Florida

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The surrogacy contract states the terms and conditions of the intended parents and the surrogate and the spouse of the surrogate if the surrogate has one.  The contract contains considerations such as:

  • Parental rights
  • Compensation
  • Social roles
  • And more…

Florida statute states that the contract must contain that the surrogate:

  • Consents to clinical intervention and management of the pregnancy
  • Is agreeable to a sensible medical evaluation and agrees to follow all medical instructions given
  • Will agree to give up all medical rights to the child after the birth
  • Will accept legal rights and parental obligations for the child if neither intended parent is genetically related to the child.

The contract also requires the intended parents to accept parental rights and obligations regardless of any impairment of the child.

The Law Office Of Charlotte Danciu Can Guide You

The Law Office of Charlotte Danciu is a full-service firm that can assist you.  Whether you need a Surrogacy Law Attorney, Reproductive Law Attorney, Traditional Surrogacy Attorney, Egg Donation Lawyer, Sperm Donation Lawyer, Adoption Lawyer, or an Adult Adoptions Lawyer, one of the highly experienced attorneys is there to assist you in your surrogacy and adoption needs.

Charlotte understands the intense emotions that are involved with becoming a parent as she is an adoptive and biological mother herself. Charlotte is one of the founding members of the Florida Adoption Council and has devoted her practice to assisting clients with surrogacy and adoption matters.

Office Location

1098 NW Boca Raton
Boca Raton, FL 33432

Phone: (561) 300-6042

Espanol: (561) 815-8777

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Phone IconCall Now! Chat For Free!(561) 300-6042 | (561) 815-8777

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