Surrogacy can be a very risky procedure especially in states that have no clear laws and statutes about this process. The process of surrogacy often leads to many legal complications especially traditional surrogacy. Traditional surrogacy is a mutual agreement between the surrogate mother and the intended parents to carry and deliver the child. In this process, the mother's own egg cells are fertilized by the intended parent through artificial insemination. This process creates a genetic link between the mother and the child that often leads to legal complications. For some states that have no clear rules and regulations about this process the surrogate mother can still claim the child because of their genetic link.
Currently, the state of Florida has two great legal statutes that specifically regulate surrogacy and they are:
1. Florida Statute 63.212(1)(i) – This specific legal statute outlines and permits traditional surrogacy. Important facts to remember and learn about these statutes are:
Intended parents who would like to enter into a traditional surrogacy agreement with a surrogate mother would need to sign a legal and binding agreement with the mother and the surrogate agency. In this contract the mother agrees that upon delivery or birth of the child the intended parents will obtain all legal custody of the child.
Signed agreements and contracts between the two parties are required before the birth of the child and will be subject to revocation within seven days after the child is born.
Florida is one of the few places in the world that offers detailed laws regarding traditional surrogacy. Unlike other states or places that permit traditional surrogacy, it is not permitted in Florida to pay compensation or fees to the surrogate mother. Intended couples would only need to pay reasonable living expenses, related medical bills to the pregnancy and other costs incurred by the mother during her pregnancy.
2. Florida Statute 742.15 – This law is specifically designed to protect the welfare of the intended parents and surrogate mothers who wish to enter the agreement for gestational surrogacy. The law states that agreeing parties would need to sign a mutual agreement and upon the birth of the child the surrogate relinquishes all legal rights to the intended parents. Under this statute there are no other legal consents needed other than the original agreement between the two parties involved. The agreement would be reviewed by Court to confirm its legality and to process and issue a new birth certificate to the intended parents. Again, under this law direct compensation to the surrogate mother is not permitted, only reasonable expenses and necessary medical bills are reimbursed to the surrogate mother.
One of the most important stipulation to remember about both statutes is that intended parents would need to be married and living together. Since the process of surrogacy is well protected in Florida, the best surrogate agencies operate here. They have the best suited surrogate mothers who are willing to help out childless couples. If you are thinking of surrogacy be sure to check all the best surrogate agencies in Florida first to see their great services. In most states in the US, surrogacy is banned or do not have clear laws regarding this process. There are only a few states that allow surrogacy.