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Protecting Everyone Involved in Surrogacy

Gestational surrogacy is an extraordinary way to build a family, often chosen after long and emotional journeys with infertility or medical challenges. Because multiple parties are involved, including intended parents, a gestational surrogate, and medical providers, the legal framework must be handled with exceptional care. Tate Healey Webster provides experienced legal guidance for gestational surrogacy agreements throughout Florida. As the state’s largest law firm dedicated exclusively to adoption and assisted reproductive law, we help clients navigate this process with clarity, compassion, and a steadfast commitment to protecting the child and everyone involved.

What Is a Gestational Surrogacy Agreement?

A gestational surrogacy agreement is a legal contract between intended parents and a gestational surrogate who agrees to carry a pregnancy created using an embryo that is not genetically related to the surrogate.

This agreement outlines the rights, responsibilities, and expectations of each party before any medical procedures. In Florida, surrogacy arrangements must comply with specific statutory requirements addressing consent, expenses, medical decision-making, and parentage. Proper legal documentation is essential to ensure that the intended parents are recognized as the child’s legal parents and that the surrogate’s role is clearly defined. The Florida Legislature sets forth Florida’s laws governing surrogacy and parentage.

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The Benefits of Working With an Adoption and ART Attorney for Gestational Surrogacy

  • Legally Secure Parentage. Experienced ART counsel helps ensure that intended parents’ legal rights are protected and clearly established, reducing uncertainty and safeguarding the child’s future from the outset.
  • Comprehensive, Ethical Agreements. A carefully drafted surrogacy agreement addresses medical decisions, expenses, consent, confidentiality, and expectations, thereby creating transparency and fostering mutual understanding among all parties involved.
  • Protection Through a High-Stakes Process. Gestational surrogacy involves complex emotional and financial investments. Thorough legal planning helps prevent disputes, delays, or misunderstandings that could derail the process.
  • Guidance From Start to Finish. Attorneys who focus exclusively on adoption and assisted reproductive law anticipate issues others may overlook, providing steady guidance through every phase of the surrogacy journey.
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Does My Situation Require a Gestational Surrogacy Agreement?

If you are considering gestational surrogacy in Florida, a legally compliant surrogacy agreement is essential. It applies to intended parents using their own genetic material, donor eggs or sperm, or embryos created through IVF. Legal guidance is especially important when coordinating with fertility clinics, addressing medical decision-making, or planning for pre-birth or post-birth parentage steps. Even when agencies or clinics are involved, relying on standardized documents can leave critical gaps. Working with an experienced surrogacy attorney helps ensure that all requirements under Florida law are met and that your family-building plan is protected before treatment begins.

What to Expect: The Gestational Surrogacy Process

1. Consultation and Case Evaluation

The process begins with a confidential consultation to understand your goals, medical plan, and the parties involved. We explain Florida’s surrogacy requirements and identify legal considerations unique to your situation.

2. Drafting the Surrogacy Agreement

A comprehensive gestational surrogacy agreement is drafted to address consent, expenses, medical decision-making, confidentiality, and expectations throughout the pregnancy. Each deal is tailored to the specific arrangement.

3. Review and Execution

All parties are encouraged to review the agreement with independent legal counsel to ensure that they have informed and voluntary consent. The deal is finalized and executed before any embryo transfer occurs.

4. Parentage and Ongoing Legal Support

Depending on the circumstances, additional legal steps may be recommended to secure parentage under Florida law. Information about court-related parentage processes is available through Florida Courts Help, and our team remains involved to guide you through each step.

Why Choose Tate Healey Webster?

Choosing the right legal team is critical when building a family through gestational surrogacy. Tate Healey Webster brings unmatched experience, ethical precision, and exclusive focus to surrogacy and assisted reproductive matters across Florida.

Focused Experience in Adoption and ART

Our firm is dedicated solely to adoption and assisted reproductive technology. With multiple board-certified adoption attorneys and decades of concentrated experience, we handle gestational surrogacy agreements with exceptional depth and care.

Ethical, Team-Based Representation

We approach surrogacy with transparency, respect, and compassion for everyone involved. Our team-based structure ensures continuity, responsiveness, and coverage throughout a time-sensitive process.

Trusted by Courts and Colleagues

Attorneys and professionals across Florida rely on our guidance in complex family formation matters. That trust reflects our commitment to doing things the right way and protecting families and children at every stage of their lives.

Ensure Your Surrogacy Agreement Is Secure

Schedule a confidential consultation with our experienced team to discuss gestational surrogacy and ensure your path to parenthood is supported by a clear, enforceable legal foundation.

Frequently Asked Questions Gestational Surrogacy Florida

Is gestational surrogacy legal in Florida?

Yes. Gestational surrogacy is permitted in Florida when statutory requirements are met. A properly drafted agreement is crucial for ensuring compliance with the law and protecting all parties involved.

Does the surrogate have parental rights?

In a gestational surrogacy arrangement, the surrogate is not genetically related to the child. Clear legal documentation helps ensure parental rights are properly established in favor of the intended parents.

When must the agreement be signed?

The surrogacy agreement must be finalized and executed before any embryo transfer takes place to ensure enforceability under Florida law.

Do intended parents need a court order?

Depending on the circumstances, additional legal steps may be recommended to secure parentage. An experienced attorney can advise whether court involvement is appropriate.

Can surrogacy involve donor eggs or sperm?

Yes. Gestational surrogacy often involves donor genetic material, which makes careful legal planning even more important to clarify parentage and intent.

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Statewide Representation Six Offices Serving the Entire State

Tampa

418 West Platt Street
Tampa, FL 33606

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Call Tate Healey Webster, Adoption & Surrogacy Attorneys on the phone at (813) 722-0566

Orlando

1604 South Bumby Avenue
Orlando, FL 32806

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Call Tate Healey Webster, Adoption & Surrogacy Attorneys on the phone at (407) 490-4825

Naples

1000 Tamiami Trail North,
Suite 501, Naples, FL 34102

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Call Tate Healey Webster, Adoption & Surrogacy Attorneys on the phone at (239) 722-5151

Merritt Island

360 Tangerine Avenue
Merritt Island, FL 32953

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Call Tate Healey Webster, Adoption & Surrogacy Attorneys on the phone at (321) 296-5307

By Appointment Only

Jacksonville

11512 Lake Mead Ave., Suite 401
Jacksonville, FL 32256

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Call Tate Healey Webster, Adoption & Surrogacy Attorneys on the phone at (904) 529-0363

By Appointment Only

Boca Raton

1200 N. Federal Hwy, Suite 200
Boca Raton, FL 33432

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Call Tate Healey Webster, Adoption & Surrogacy Attorneys on the phone at (561) 771-5669

By Appointment Only

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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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