For Surrogacy and Donation

Assisted reproductive technology (ART) offers exciting options to help families conceive a child genetically related to one or both intended parents, or from a donated embryo. In gestational surrogacy, a surrogate carrier gestates the embryo, which is not formed from the gestational carrier’s egg but is the result of a union of the egg and/or sperm of the intended parents (or “commissioning couple” under Florida statutes). Florida law allows gestational surrogacy arrangements “when, within reasonable medical certainty as determined by a physician licensed under chapter 458 or chapter 459: (a) The commissioning mother cannot physically gestate a pregnancy to term; (b) The gestation will cause a risk to the physical health of the commissioning mother; or (c) The gestation will cause a risk to the health of the fetus”. Florida law also requires “that at least one member of the commissioning couple is the genetic parent of the child”. Florida law also allows for donation of eggs, sperm or preembryos (called embryos in some other jurisdictions). Traditional surrogacy and preplanned adoption offer additional options to intended parents, as a gestational carrier can carry a child that is the result of a union between her egg and either donor sperm or sperm from the intended father, or a child formed from an unrelated donated embryo. The legal process for parentage varies depending on the type of ART utilized. In all areas of ART, the parties must sign written contracts codifying their agreement and should be represented by their own respective legal counsel versed in assisted reproductive technology law.

Please reach out to attorey Barbara Ginn for more information or to schedule a consultation here: [email protected]