The family unit can look much different today than it did decades ago. With same-sex couples given the green light to marry in Florida, it is safe to say that many of these couples — mostly gay males in these cases — want to start families with the help of a surrogate. Under the family law umbrella, it is legal and safe for same-sex couples to have children through surrogacy.
There are two ways to go about surrogacy in Florida — gestational or traditional surrogacy. With gestational surrogacy, the woman is not related to the child she is carrying, and it is the most common type of surrogacy today. In traditional surrogacy, the surrogate mother’s own egg is artificially inseminated using sperm from the intended father or donor. If the woman is the biological mother, she must give up her parental rights so the child can be raised by the intended parents. Because of its emotional and legal complexities, traditional surrogacy is used much less frequently, but both methods are legal in Florida.
Is payment allowed?
The state’s surrogate laws say that a woman can be compensated for being a surrogate; however, the compensation is not intended as payment for the baby. It is supposed to go for the woman’s expenses and lost wages, her time and the medical risks she may be putting herself through in becoming a surrogate. The amount of compensation is indicated in a surrogacy contract.
There are many legalities to know about surrogacy laws regarding same-sex couples in Florida — like how the intended parents become the legal parents of the child, the particulars of a surrogacy contract and the adoption process if traditional surrogacy is used. It can be overwhelming and complex to attempt to sift through all the information. An experienced family law attorney can carefully guide someone through this process while answering all questions and concerns.