Erica T. Healey

Adoption, Adoption Attorney, Adoption Law

June 11, 2026

You did everything right. You found the right clinic, you went through the injections and the monitoring and the waiting, and you did it again and again. Four rounds of IVF, and you are still not holding your baby. That kind of loss is real, and it deserves to be named before we talk about anything else.

If you are reading this, you are probably somewhere in that tender space between grief and hope, still healing from what did not work, and quietly beginning to wonder what might. Maybe someone mentioned donation. Maybe you have been thinking about surrogacy or adoption but do not know where to start, or whether you are even ready to start. Maybe you are not sure which path is right for your family, and you are looking for someone who can help you sort through the options without pressure.

That is exactly where we come in.

You Do Not Have to Know What You Want Before You Call Us

One of the most common things we hear from couples who have just finished fertility treatments is this: "We did not know if we could schedule a consultation with you because we have not decided on a path yet."
We want to be clear: you absolutely can, and you should.

At Tate Healey Webster, we work with families who are still in the exploratory stage all the time. You do not need to arrive with a decision already made. You need good information, honest guidance, and an attorney who understands all three pathways, adoption, egg, sperm, or embryo donation, and surrogacy, from a legal perspective. Our consultations are designed exactly for that kind of conversation. You ask your questions, we walk you through what each option actually looks like under Florida law, and you leave with a clearer picture of what comes next. The decision belongs to you, and we will not rush it.

The Three Paths: What Florida Law Says

Florida is one of the strongest states in the country for assisted reproduction and adoption law. Here is an honest overview of what each path involves legally, so you can walk into a conversation with us already better informed.

Private Infant Adoption in Florida

Private adoption in Florida is governed primarily by Chapter 63 of the Florida Statutes. It is a process designed to be transparent, carefully structured, and protective of everyone involved, including you.

Under Florida law, a husband and wife may jointly adopt, as may an unmarried adult. The process involves a home study, background screenings, and in a private adoption, working directly with an adoption attorney or agency who matches you with an expectant mother who has chosen adoption for her child. Florida law requires that birth parents cannot execute their consent until after the child is born. Once consent is properly executed, it is typically irrevocable, which provides a measure of security and finality for adoptive families.

Private adoption timelines vary widely. Some families match within months; others wait years—which is why it is important for you to reach out sooner rather than later to explore your options. A great deal depends on your profile, your openness to different circumstances, which attorney or agency you choose, and the particular situation of the expectant family. There are financial considerations as well. Florida law permits adoptive families to assist with certain documented pregnancy-related expenses, and a well-structured agreement from the beginning protects everyone.

What many people find when they explore private adoption is that it is far more personal than they expected. You are not a file in a bureaucratic system. You are a family choosing another family.

Egg, Sperm, or Embryo Donation in Florida

If your four rounds of IVF used your own eggs, embryo, or sperm, you may not have any more of your own genetic material and donation may be the next logical conversation to have with your reproductive endocrinologist. From a legal standpoint, Florida law under Section 742.14 of the Florida Statutes is very clear: a donor of eggs, sperm, or embryos relinquishes all parental rights and obligations to any resulting child. That legal clarity is a significant protection for intended parents.

Before any medical process begins, however, a properly drafted donation agreement is essential. While the statute establishes the framework, the agreement itself must address compensation, medical history, confidentiality, future contact if any, and the responsibilities of all parties. This is not a formality. It is the foundation of your family's legal security

At Tate Healey Webster, our team prepares and reviews donation agreements for both known and anonymous donors. Whether you are working with a donor through an agency or someone you know personally, having experienced legal counsel from the beginning of the process protects you and ensures the agreement is enforceable under Florida law.

Egg or sperm donation combined with IVF means one or both of you may maintain a genetic connection to the child. Embryo donation, by contrast, involves no genetic link to either intended parent, but allows the intended mother to experience pregnancy and birth. Each of these paths has distinct legal considerations, and our attorneys can walk you through all of them.

Gestational Surrogacy in Florida

Gestational surrogacy is legal in Florida, and Florida is widely considered one of the most surrogacy-friendly states in the country. For married couples, it is governed by Chapter 742.15 of the Florida Statutes, which provides a formal framework for Gestational Surrogacy Agreements.

Under the statute, at least one intended parent must be genetically related to the child. This means surrogacy paired with egg donation, where the intended father provides sperm but a donor egg is used, still qualifies under the statute for married couples, as long as the legal requirements are met.

Florida law requires that the Gestational Surrogacy Agreement be fully executed before any medical procedures begin. The agreement must be detailed and meet specific statutory requirements, including provisions about parental rights, medical decision-making, compensation, and what happens in the event of unforeseen circumstances. Both the intended parents and the surrogate must be represented by separate attorneys, and the intended parents bear the cost of the surrogate's legal fees.

After the birth, intended parents in Florida pursue a court order to establish parental rights and have their names placed on the birth certificate. Handled properly by experienced counsel, this process is straightforward and predictable.

One important nuance: if you are exploring surrogacy with a donated embryo, meaning neither of your genetics are used, the path shifts slightly. In that case, a Pre-Planned Adoption Agreement under Section 63.213 of the Florida

Statutes is the appropriate legal framework. This is exactly the kind of detail that matters in an initial consultation, and it is the kind of question we are here to answer.

How These Options Compare

Every family's calculation is different. Here is a brief, honest look at what tends to distinguish these paths for couples in your situation:

Private adoption connects you to a child who is here or on the way and needs a family. It does not involve medical procedures for you. The timeline is less predictable, but the legal process, handled well, is very secure.

Egg, sperm, or embryo donation combined with IVF keeps the pregnancy experience for the intended mother and may preserve a genetic connection to the child. It requires continued medical treatment and another IVF cycle. Legal protections under Florida law are strong, but the right agreement matters enormously.

Gestational surrogacy is the most medically and legally complex of the three, and also the most costly. It is appropriate when carrying a pregnancy is medically not possible or poses a documented risk. Florida's surrogacy statute provides a clear and well-established legal framework for qualified couples.

None of these is objectively better. They are different, and the right fit depends on your values, your circumstances, your finances, and what your family needs to feel whole.

Why Legal Guidance Matters Before You Decide

Here is something families sometimes get backwards: they make the decision first, then call an attorney. We would encourage you to reverse that order.

Understanding the legal landscape for each option, what the process actually looks like, what your rights are, what can go wrong and how to protect yourself, is essential information for making an informed choice. It is not information you can fully get from an internet search or a Facebook group. It is the kind of information that comes from sitting down with an attorney who has helped thousands of Florida families navigate exactly these decisions.

At Tate Healey Webster, we have been doing this work since 1999. Florida's largest adoption and assisted reproductive technology law firm, we have five board-certified adoption attorneys on staff out of only 29 in the entire state. Our attorneys handle all three of the paths described in this post. That means your consultation is not siloed. You are talking to people who know the full picture.

We also understand what it is like to get to this point in a fertility journey. Several members of our team have a personal connection to adoption and assisted reproduction. This is not just our work. It is our calling.

A Note About Scheduling

If you visit our website and look at the contact form, you will see options like "Domestic Adoptions," "Gestational Surrogacy," and "Egg Donation" listed separately. We know that can make it feel like you need to pick a lane before you call.

You do not. Simply select the option that feels closest to where your thoughts are right now, or choose "Other" and tell us in your message that you are exploring multiple options and would like a consultation to discuss them. Our team will connect you with the right attorney for that conversation. We do this regularly.

If you would rather just pick up the phone, call our main receptionist at (813) 258-3355. We serve clients across the entire state of Florida from our offices in Tampa, Orlando, Naples, Merritt Island, Jacksonville, and Boca Raton, and we are available to families anywhere in Florida.

You Have Been Through Enough Uncertainty

What couples in your situation tell us they need most is not someone who pushes them toward a particular answer. It is someone who can help them understand the options clearly, honestly, and without rushing them toward a decision. That is what we offer.

The next step does not need to be a commitment. It can simply be a conversation.
If you are exploring adoption, egg, sperm, or embryo donation, or surrogacy in Florida, Tate Healey Webster is here to help.


Tate Healey Webster is Florida's largest adoption, surrogacy, and assisted reproductive technology law firm. We serve families across the state from offices in Tampa, Orlando, Naples, Merritt Island, Jacksonville, and Boca Raton. To schedule a consultation, visit floridaadoptionattorney.com or call (813) 258-3355.


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Your Trusted Partner in the Adoption & Surrogacy Process

With years of experience and a commitment to personalized service, Tate Healey Webster Adoption Attorneys is proud to be a trusted partner in adoption throughout the state. We understand that every adoption is unique, which is why we offer tailored legal solutions and support. If you’re ready to begin your adoption journey, contact us today. Let us help you bring your family closer together through the miracle of adoption.

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