An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Florida
Whether you are considering becoming a donor or surrogate or you are a prospective intended parent, knowledge is power. To help in your family journey, experienced ART attorneys licensed in Florida and fellows of The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) share expertise and provide an introduction to the laws of Assisted Reproduction Technology in FL.
Key Questions on ART Laws in Florida
Generally, is Florida friendly to ART? YES
Is Florida friendly to non-married couples? YES
Is Florida friendly to LGBT families? YES
Is Florida friendly to a single intended parent? YES
Are there statutes in place for surrogacy? YES
Does Florida have an embryo donation statute? YES
Does Florida have an egg donation statute? YES
Is gestational surrogacy (third party gamete use) permitted? YES
Is traditional surrogacy (use of the surrogate's genetic material) permitted? YES
Is compensated surrogacy allowed by statute? In practice? YES, as to BOTH
Is uncompensated (expense reimbursement only) surrogacy allowed by statute? In practice? YES
Does Florida only permit a Carrier to be reimbursed for expenses (altruistic)? REIMBURSEMENTS ARE TO BE "REASONABLE" WITHOUT DEFINITION.
Are surrogacy agreements enforceable, void or prohibited? YES, TO THE EXTENT THEY COMPLY WITH THE STATUTE
Do both Intended Parents both have to be genetically related to the child? NO
Does Florida require at least one Intended Parent to be genetically related to the child? NO
If a single intended parent uses surrogacy, do they have to be genetically related to the child? NO
Do the Intended Parents have to be married? NO
Do two Intended Parents have to be opposite genders? NO
Does Florida allow pre-birth parentage orders to be issued for surrogacy? YES, BUT VITAL RECORDS WILL NOT ACCEPT THEM FOR PURPOSES OF A Birth Certificate
Does Florida only allow a post-birth parentage order to be issued? FOR BC GENERATION, YES.
Can you obtain both a pre and post birth order in Florida for the same child? YES
Can you obtain a parentage order if only the carrier resides in Florida? YES
Can you obtain a parentage order if only the intended parents reside in Florida? YES
Can you obtain a parentage order if only the birth occurs in Florida? YES
Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Florida? YES
What is the basis for venue in Florida? WHEREVER THE PARTIES AGREE
Do results vary by venue? YES, AND BY JUDGE
Is a hearing required for a parentage order? IN MOST COUNTIES. PARTIES DO NOT HAVE TO APPEAR.
Does Florida have a passport office? YES
How long does it take to obtain a birth certificate? CURRENTLY, 10-14 DAYS
Will your vital records honor a parentage order from another state? NO
Does your vital records office require a parentage order from another state to be registered? N/A
How does the birth certificate list same-sex parents? PARENT/FATHER, PARENT/MOTHER
Can an initial birth certificate be obtained naming the biological parent and the carrier? YES
Can the birth certificate be amended to include only the biological parent or both intended parents? YES
Do your amended birth certificates say "amended" on them? NO
Can intended parents in a surrogacy obtain an adoption order? YES
Assisted Reproduction law and surrogacy involves many complex issues. Parties who are contemplating engaging in a surrogacy arrangement in the State of Florida should not rely exclusively on these printed responses. All these issues should be discussed with a Florida ART attorney who is experienced in surrogacy law. Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.