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

Gestational And Traditional SurrogacyRepresentation of Intended Parents and Surrogate Mothers, providing a qualified Surrogate, Matching of Surrogate Mothers with qualified Intended parents, Surrogacy Contract and Legal Proceedings.

  • Both types of surrogacy are legal in Florida. In fact, Florida has some of the best surrogacy laws in the world.
  • A gestational surrogate in Florida may not keep a child she gives birth to. A traditional surrogate (artificial insemination) has 48 hours after birth to rescind her consent to the agreement. A surrogate may be paid expenses during the process.
  • Danciu personally locates and prescreens surrogates for her intended parent clients. She also locates intended parents for women who wish to be surrogates. She and her staff of experienced paralegals assist in all steps in the process in addition to the legal, such as securing medical care and managing the escrow disbursements for the surrogate’s expenses as outlined in a Surrogacy Agreement.
  • Danciu will secure a pre-birth order giving the intended parent or parent’s rights at their child’s birth. She will then obtain a post-birth order placing the intended parent’s names on their child’s birth certificate. There is no “adoption” of the child. Ms. Danciu attends all court appearances for the Intended parents. Their appearance is not necessary. There also is no residency requirement. for Surrogacy
  • Ms. Danciu has handled hundreds of Surrogacy matters since Surrogacy became legal in Florida in 1992. Her Surrogacy Agreements are extremely comprehensive and average between 70 and 80 pages addressing the needs of all the parties and the future child including parental rights, monetary compensation and guardianship.

CLICK HERE-Application to be a Surrogate Mother


Will these critical Florida surrogacy laws affect your ability to become a surrogate or an intended parent? Learn more about the Florida surrogacy legal process and how those laws may impact you here:

In the U.S., surrogacy laws are determined by each state. Luckily, Florida is fairly surrogacy-friendly, so many options are available to explore when hoping to become a parent or surrogate.

Due to the complex nature of the process, you still need to collaborate with an experienced surrogacy professional in Delray Beach, FL, when working through the process to maintain legality throughout.

A surrogacy attorney in your area is a good resource for any legal issues or questions that may arise at any point throughout the process. Therefore, despite the information provided in the following article, it is always wise to consult with an attorney since this information is not intended as legal advice for your specific situation.

Is Surrogacy Legal in Florida?

Surrogacy is legal in Florida. Even though surrogacy issues are often exaggerated from many sources, it is still a viable option for those looking to build a family.

News surrounding illegal surrogacy has become a common worry for those researching the topic. Still, it is crucial to remember surrogacy is an ethical and legal resource to complete the goal of bringing a child into your life.

Does Florida Allow Traditional Surrogacy?

Yes, although it carries more legal and ethical risks than gestational surrogacy. Governed by Fla. Stat. §63.213, traditional surrogacy laws in Florida are more like adoption laws than anything else.

Since traditional surrogacy more closely resembles adoption under Florida surrogacy laws and is less common, you should familiarize yourself with the legal processes associated with adoption.

Meanwhile, gestational surrogacy laws in Florida are unambiguous and for both the gestational surrogates and intended parents. This type of surrogacy is legal under Fla. Stat. Chapter §742 and more prevalent in Florida.

Is Compensated Surrogacy Legal in Florida?

Commercial surrogacy, or compensated surrogacy, is legal in Florida and regulated by the same laws as apply to other forms of surrogacy. However, understand that the intended parents are not paying the gestational carrier for a baby. Instead, surrogacy compensation is intended to compensate the carrier for any associated costs or risks of surrogacy. These terms of payment will be outlined in the surrogacy contract.

Is Same-Sex Surrogacy Legal in Florida?

The legalization of same-sex marriage also grants those who fall into that category access to family-formation options like surrogacy and adoption. It also outlines a nearly identical process for heterosexual couples, with the only significant difference being working with a sperm or egg donor. For more info on LGBTQ+ surrogacy, contact our office in Delray Beach, FL.

What’s a FL Surrogacy Contract?

A surrogacy contract outlines the terms of the agreement between the intended parents and the surrogate and the surrogate’s spouse if applicable. It ensures no parental rights remain with the surrogate or spouse and must be started before any medical processes. Therefore, it is vital to work closely with a surrogacy attorney in Delray Beach when forming this contract.

These contracts outline all crucial considerations like parental rights, compensation, social roles, and other requirements of both parties involved. Fla. Stat. §742.15 requires that the contract must state that the surrogate:

  1. Consents to clinical intervention and management of the pregnancy.
  2. Agrees to reasonable medical evaluation and treatment and will agree to follow all medical instructions.
  3. Will give up all legal rights to the child after birth.
  4. Will assume legal rights and parental responsibilities for the child born to her if neither intended parent is genetically related to the child.

It also included that regardless of any status of impairment of the child, the intended parents will accept parental rights.

After a consensus has been reached with the terms outlined in the contract, the rest of the process can begin.

While not absolutely required, pre-birth orders are not only legal in Delray Beach, FL, but encouraged. The order eases the process, allows the intended parents to be present for the birth, and smooths the process of changing the birth certificate to state the intended parents’ names. While it does not explicitly outline parental rights, it can help facilitate them later on and is a recommended additional step.

Fla. Stat. §742.16 requires that the intended parents file a petition to affirm parental rights within three days after the child’s birth. If it is approved by the court, it will guarantee the transfer of parental rights.

If the child is not genetically related to the intended parents and is to the surrogate, Fla. Stat. §63.213 mandates that the intended parents complete the adoption process after the child is born. This means the surrogate’s parental rights must be terminated to establish the rights of the intended parents. However, this step is not required in gestational surrogacy.

Contact a Florida surrogacy professional in Delray Beach, FL, with any questions or concerns you may have surrounding the process.

Click here to learn more about helping create a family by being a surrogate mother.

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