Gestational Surrogacy

The role of a gestational surrogate is incredibly important for many families who want badly to have children, yet are prevented from doing so for a variety of reasons. While gestational surrogates, also known as gestational carriers, may enjoy the role they play and be inspired by what they can do for others, it is still important that both intended parents and gestational surrogates be protected legally through the process by a gestational surrogacy contract and/or pre-planned adoption agreement. Rodriguez-Albizu Law, P.A., helps intended parents and gestational surrogates to ensure that they have sound legal agreements that protect all parties, making for a smooth surrogacy and an easy transition later on.

Florida is one of the few states that permits intended parents to establish parental status over a child without having to undertake a formal “adoption” process.  Florida’s gestational surrogacy statutes effectively protect the parental rights of intended parents, and through a gestational surrogacy agreement made pursuant to Florida law, intended parents can be assured that the gestational surrogate has no legal connection to the child.

Both gestational surrogacy agreements and pre-planned adoption agreements (which are commonly utilized by same-sex couples) are designed to ensure that all parties are protected. These contracts are intended to detail each respective party’s rights, obligations, intentions, and expectations, and are designed to cover all aspects of the anticipated pregnancy, including parental rights, reasonable compensation to the gestational surrogate, location of delivery, insurance, payment of medical expenses, future communication between the parties, and other provisions required by Florida law.

A successful gestational surrogacy not only requires that both the intended parents and gestational surrogate think deeply about the process, but also obtain effective legal representation for all parties involved to reduce uncertainties and potential complications during the pregnancy and post-birth.  Simply stated, working with an attorney experienced in ART law is important for both intended parents and gestational surrogates.

Rodriguez-Albizu Law, P.A., has worked with both U.S. and Latin American clients, including clients throughout Palm Beach, Broward and Miami-Dade Counties, with a range of fertility law matters. The firm is here to assist you with your ART law needs. Please contact the firm now to get started.