When entering into a surrogacy arrangement, there are specific legal issues to consider. Each state varies in the legal requirements for creating a surrogacy agreement, and it is important to be informed of the specific requirements of your state. Hausmann & Hickman, P.A. has extensive experience drafting contracts, representing carriers and egg donors, and finalizing third-party reproductive arrangements under all aspects of Florida’s reproductive law.

What Is Surrogacy?

There are two types of surrogacy: traditional surrogacy and gestational surrogacy. Traditional surrogacy uses the surrogate mother’s ovum and donated sperm from one of the intended parents or from a donor. Under current Florida law, a surrogate mother who uses her own egg must sign a consent to terminate her parental rights to the child, which may be rescinded up to 48 hours after the child’s birth. Because of this, Hausmann & Hickman, P.A. recommends the use of a donor ovum instead of the surrogate’s ovum.

A gestational surrogacy prohibits the surrogate from donating her own ovum, and the embryo is created utilizing either the intended father’s sperm (with donor egg), the intended mother’s ovum (with donor sperm), or the egg and sperm of both intended parents. The gestational carrier has no biological relationship to the embryo she is carrying, and neither the commissioning couple nor the surrogate may change their mind and “back out” of the surrogacy agreement, regardless of the health of the child, once a pregnancy is conceived. Since the surrogate is not biologically related to the embryo, the commissioning couple assumes immediate physical and legal custody of the child upon birth.

Hausmann & Hickman, P.A. has represented intended parents who reside in the United States and internationally, as well as single parents and non-traditional couples. Whether interested in becoming a surrogate mother, creating your family through surrogacy, or simply interested in learning more about Florida reproductive law, please contact us at 561-732-7030 or visit adoptionandsurrogacy.com to schedule a consultation with one of our attorneys.