FREQUENTLY ASKED QUESTIONS
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We understand that you may have many questions and concerns. We are here to help answer those
questions and to provide information that will help resolve any concerns.
Is Surrogacy Legal In Florida?
Yes. Florida is a surrogacy friendly state and has specific statutory law that sets forth legal authorization for a gestational surrogate to become pregnant with the intended parents’ child and to deliver the child to the intended parents upon birth without acquiring any parental responsibility or rights with regard to the child. Under Florida law, the most common type of surrogacy -- gestational surrogacy -- is one in which the surrogate does not provide the egg (ovum) and at least one of the intended parents, or both intended parents, provide the genetic material to form the child. Therefore, the child is formed from either the intended mother’s egg and donor sperm, or the intended father’s sperm and donor egg, or the egg and sperm of both intended parents. The parties are required to enter into a written gestational surrogacy agreement, outlining the rights and responsibilities of the parties, prior to the initiation of the pregnancy. Once pregnancy occurs, none of the parties is permitted to change his or her mind and decline to proceed with the surrogacy arrangement, regardless of the health of the child or any changes in life circumstances.
Who Becomes A Gestational Surrogate?
Gestational Surrogates are typically women between the ages of 21 to 40 years old, who have one or two children of their own through uncomplicated pregnancies and deliveries, are in good health with a proportionate height/weight ratio (BMI), are non-smokers, have no criminal or mental illness history, are financially sound and are living in a stable environment. Most are married. Other preferred attributes are having a good support system (spouse, if married, or family members), reliable transportation, and health insurance. A gestational surrogate candidate can have a number of reasons for wanting to become a gestational surrogate, but a common thread all gestational surrogates share is a desire to help couples have the biological children they dream of having.
Must A Gestational Surrogate Have Health Insurance That Covers A Surrogacy Pregnancy?
It is preferred that a gestational surrogate have health insurance that covers her general health, as her general state of health has a bearing on her pregnancy. Unfortunately, it is becoming more difficult to find health insurance policies covering maternity care that also cover surrogacy pregnancies; many such policies contain a surrogacy pregnancy exclusion. In the absence of a current policy of coverage, it may be possible for intended parents to purchase an appropriate policy to assist with surrogacy pregnancy care. The agency will assist in seeing that any current policy is reviewed for coverage exceptions, and provide resources for the acquisition of insurance coverage.
Must The Gestational Surrogate And The Intended Parents Be Residents Of Florida?
No, the intended parents need not reside in Florida. The agency happily works with intended parents across the country. The agency works primarily with gestational surrogates who reside and will give birth in Florida. In some instances, we will work with a gestational surrogate who resides in another surrogacy-friendly state.
Can The Gestational Surrogate Decide To Parent The Child She Carries?
In a gestational surrogacy in compliance with Florida law, the law provides no basis for a gestational surrogate to assert any rights to the child. The gestational surrogate and intended parents typically develop a close and caring relationship over the course of the pregnancy and the gestational surrogate is only too happy to deliver the child to the loving arms of the intended parents.
Is The Gestational Surrogate Screened?
Absolutely. Several levels of screening take place. Heart of Surrogacy, LLC completes a pre-screening of all gestational surrogate applicants to determine whether they meet our initial criteria for consideration. Once the gestational surrogate has satisfactorily completed all pre-screening steps, we conduct a more in-depth screening including criminal background checks, references, interviews, medical documentation, potential medical exams, in-home visit, home evaluation, and a personal interview of the surrogate. Finally, psychological screening will take place by a licensed clinical social worker or mental health counselor experienced in gestational surrogacy as well as medical screening by the fertility physician’s office to assure that the parties are a medical match.
Do The Intended Parents And Surrogate Meet?
In most matches, yes. It is essential to the unique relationship between the parties that they meet face to face and get to know each other. Our gestational surrogates are not doing this for the money but rather for the joy they will experience in helping to create a family, and they want (and have every right) to know the people for whom they are carrying a child. The agency will make the arrangements and an experienced counselor associated with our program will host the match meeting.
What Happens Once A Gestational Surrogate Is Selected?
From that point forward through the birth of the child, Heart of Surrogacy, LLC works with the intended parents, the gestational surrogate, the medical, psychological, and legal professionals, and all other potential participants along the way to make the necessary arrangements, monitor the progress of the direct contract stage, assist in scheduling appointments, handle the payment of expenses, and help make the process as smooth and joyful as possible. For more details, see the Intended Parent Roadmap or Surrogate Roadmap.
Interested In Learning More?
If you have questions or concerns, or are interested in potentially becoming a gestational surrogate or an intended parent, please click "Surrogate Interest Form," "Intended Parent Interest Form" or click HERE to contact us with a specific question.
The information, facts, and opinions provided by Heart of Surrogacy, LLC are no substitute for medical, legal, or mental health advice. Always consult a medical professional for any medical advice, diagnosis, or treatment. Always consult an attorney for any legal advice or services regarding your unique situation. The information shared by Heart of Surrogacy, LLC is offered for educational purposes only and may not be relied upon for your personal medical or legal situation.
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