Florida · Online practice · English & SpanishAdvisory only · No court

Surrogacy and Assisted Reproduction

Building a family in Florida, papered properly.

Gestational surrogacy contracts, donor agreements, and the parentage paperwork that makes intended parents the legal parents. Florida statewide, remote, English and Spanish.

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Every engagement begins with one phone call · Fees scoped at your consultation

Miami-Dade · Broward · Florida Statewide Online · EN · ES

Award Winning Complex Matrimonial & Family Law Litigator (2004 to 2026) · Certified Family Law Mediator (2009) · Internationally Recognized Media Contributor · Published Author of Just In Case! · Forbes Legal Advisory Board · EN · ES

Why Florida is a workable state for surrogacy

Florida has a written statutory framework for assisted reproduction, which is more than many states can say. Gestational surrogacy contracts sit under Florida Statutes section 742.15, and the expedited affirmation of parental status that follows the birth sits under section 742.16. Donation of eggs, sperm, and preembryos is addressed in section 742.14.

The framework only protects you if the paperwork is done in the right order. Contracts signed after an embryo transfer, agency forms treated as legal agreements, and parentage assumed rather than ordered are the three places these arrangements go wrong.


What the engagement covers

Gestational surrogacy contracts

Drafting or reviewing the agreement between intended parents and the gestational surrogate: medical decision-making, compensation and expense terms, insurance, conduct during pregnancy, multiples, termination provisions, and what happens if circumstances change. Each side keeps its own lawyer.

Donor agreements

Known and anonymous egg, sperm, and embryo donation agreements, including the disposition terms clinics ask about and most people sign without reading.

Parentage paperwork

The petition and supporting documents that affirm parental status after birth so the birth certificate and the legal record match the family you actually built.

Second reads

Agency or clinic paperwork already in hand, reviewed independently before you sign. Bring it to the call.


Where to start

One phone call. Bring the stage you are at, whether an agency or clinic is already involved, and any documents that have been sent to you. By the end of the call you know what needs papering, in what order, and what the engagement looks like.

Related reading: the practice FAQ and the consultation page.

Common questions

Three things, in sequence. Counsel each side on what Florida law allows before anyone signs anything. Draft or review the gestational surrogacy contract so the medical, financial, and parentage terms hold up. Prepare the parentage paperwork that establishes the intended parents as the legal parents of the child. Every engagement begins with one phone call to 305.358.2330.

Yes. Florida Statutes section 742.15 governs gestational surrogacy contracts and section 742.16 governs the expedited affirmation of parental status. Florida is one of the more predictable states in the country for intended parents, provided the statutory requirements are met before the embryo transfer rather than afterward.

Under section 742.15, the commissioning couple must be legally married and both must be at least 18. The gestational surrogate must be at least 18 and, if she is married, her husband must join the contract. Requirements change, so confirm the current statute text and your own situation on the consultation call.

No. The intended parents and the gestational surrogate need independent counsel. That separation is what makes the contract defensible later. I represent one side of the arrangement in any given matter and say clearly at the consultation which side that is.

Florida Statutes section 742.14 addresses donation of eggs, sperm, and preembryos, and the agreements built around it are their own category of work. Bring the clinic paperwork and the agency contract to the consultation and we walk through what still needs to be papered.

Yes. The practice is remote and serves Florida statewide, including Orlando, Tampa, Jacksonville, and the Panhandle. I am licensed to practice law in Florida only.

Either. Say which you prefer when you call 305.358.2330.

Fees are scoped at your consultation, in writing, before any work begins. Nothing accumulates in the background.

Begin

One phone call with a Florida family law attorney who has practiced for 22 years.

Book a consultation →

General information about Florida law, not legal advice about your situation. An attorney-client relationship is established only by a signed engagement letter. Aliette Hernandez Carolan is licensed to practice law in Florida only.