Florida authorizes binding gestational-surrogacy contracts only for a legally married commissioning couple who meet statutory age, medical-need, and genetic-connection requirements. The statute permits specified pregnancy-related expenses rather than general service compensation and uses an expedited post-birth affirmation proceeding.
A path exists, but eligibility, agreement, genetic, residency, approval, or parentage requirements can materially limit who may use it.
A binding gestational-surrogacy contract may pay only reasonable living, legal, medical, psychological, and psychiatric expenses directly related to the pregnancy. It must preserve the carrier's sole consent authority over clinical intervention and treatment, subject to the statute's limited post-viability provisions.
The commissioning mother and father must be legally married and both at least 18. A physician must find that the commissioning mother cannot safely carry a pregnancy or that pregnancy would risk her health or the fetus's health, and at least one commissioning parent must be genetically related to the child.
Within three days after the child's birth, the commissioning couple petitions for an expedited affirmation of parental status under § 742.16. The court orders an amended birth certificate after confirming the statutory contract and genetic requirements; this is a post-birth statutory route, not a pre-birth judgment.
The statutory pathway is limited to an adult legally married commissioning mother and father, a qualifying physician finding, and at least one genetic intended parent.
Limit payment to the reasonable pregnancy-related expense categories listed in § 742.15; the statute does not authorize a separate base carrier fee.
Beginning July 1, 2026, Florida makes a contract void if it is entered in the state while any party is a citizen or resident of a statutory foreign country of concern.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Before matching or payment, ask Florida counsel to document the commissioning couple's marriage and ages, physician finding, planned genetic connection, permitted expense terms, 2026 foreign-country-of-concern screening, and the three-day post-birth petition.
The commissioning mother and father must be legally married and both at least 18. A physician must find that the commissioning mother cannot safely carry a pregnancy or that pregnancy would risk her health or the fetus's health, and at least one commissioning parent must be genetically related to the child.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. A binding gestational-surrogacy contract may pay only reasonable living, legal, medical, psychological, and psychiatric expenses directly related to the pregnancy. It must preserve the carrier's sole consent authority over clinical intervention and treatment, subject to the statute's limited post-viability provisions.
Within three days after the child's birth, the commissioning couple petitions for an expedited affirmation of parental status under § 742.16. The court orders an amended birth certificate after confirming the statutory contract and genetic requirements; this is a post-birth statutory route, not a pre-birth judgment.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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