Limited / fact-dependent framework

Surrogacy laws in Florida

Florida has statutes addressing gestational surrogacy, but the statutory pathway contains specific eligibility and agreement conditions. The result can depend on whether a particular arrangement fits those provisions.

What Florida law covers

Florida Statutes §§ 742.15–742.16 address gestational-surrogacy agreements and the legal relationship between the gestational carrier and commissioning couple. The statute uses defined eligibility conditions and requires the agreement to address specified responsibilities and rights.

Compensation and expenses

Florida law distinguishes between prohibited payment for consent and permitted payment of reasonable living, legal, medical, psychological and psychiatric expenses connected with the pregnancy and agreement. The exact compensation structure should be reviewed by Florida reproductive counsel.

Medical decision-making

The gestational carrier remains the patient and retains control over her own medical care. A contract should not be read as transferring medical consent to the intended parents.

Parentage procedure

Parentage and vital-record procedures depend on the statutory pathway, timing and facts of the case. Do not assume that a pre-birth order or a particular birth-certificate result is automatic merely because a gestational agreement exists.

What this means for a surrogate

Before signing an agreement or beginning treatment, confirm with independent Florida reproductive counsel whether the proposed arrangement fits the applicable statutes, how compensation and expenses are structured, and what parentage procedure is expected.

Understand the legal framework before you commit.

Review the current statute and your agreement with independent counsel.

Read legal considerations