What Fort Lauderdale LGBT Couples Need To Know About Surrogacy Agreements And Parental Rights

Building a family through surrogacy is exciting, but it also raises practical questions, especially for LGBT couples in Fort Lauderdale who want their parental rights fully protected from day one. What actually makes a surrogacy agreement valid in Florida? And once a child is born, how do both intended parents establish their legal status?

A surrogacy journey is not just an emotional one. It is also a legal process with specific requirements that need to be addressed well before a pregnancy begins.

How Florida Law Defines a Valid Surrogacy Agreement

Florida Statutes Section 742.15 sets out the requirements for a binding and enforceable gestational surrogacy contract. The arrangement must be agreed to in writing before the surrogacy process begins, and it must involve what the law calls a commissioning couple who are legally married and at least 18 years old, along with a gestational surrogate who is also at least 18.

Since same-sex marriage has been recognized nationwide, married LGBT couples in Florida can pursue gestational surrogacy on the same legal footing as any other married couple. But what happens if a couple is not married, or only one partner has a genetic connection to the child? These are exactly the details that shape how an arrangement needs to be structured.

What a Surrogacy Contract Typically Needs to Address

A surrogacy agreement is not just a formality. Florida law requires it to cover specific issues, including consent to medical decisions during pregnancy, the surrogate’s agreement to relinquish parental rights after birth, and the intended parents’ agreement to accept full parental responsibility for the child immediately upon birth.

Why does this level of detail matter? Ambiguity in a contract can create confusion at exactly the moment clarity matters most, right as a child is born. A few issues that commonly need to be addressed include:

• Which party has authority over medical decisions during the pregnancy
• How and when parental rights transfer to the intended parents
• What financial responsibilities exist for medical and related expenses
• What happens if unexpected medical complications arise

Every family’s situation looks a little different, which is why these agreements are rarely one-size-fits-all.

Establishing Parental Rights After the Child Is Born

Once the child is born, Florida law provides a process for the intended parents to formally establish their legal parental status, sometimes called an expedited affirmation of parental status. This allows both intended parents, regardless of gender, to be recognized as the child’s legal parents and to have a new birth certificate issued reflecting that relationship.

For LGBT couples, this step can carry extra significance. Without a properly executed agreement and the follow-up legal process, could one parent’s rights end up less secure than the other’s? It is exactly why getting the paperwork right from the beginning matters so much.

Speak With a Fort Lauderdale Family Law Attorney Before You Begin

Surrogacy can be one of the most meaningful paths to parenthood, but the legal groundwork matters as much as the medical side. Have you thought through how your circumstances line up with Florida’s requirements?

At the office of Sandra Bonfiglio, we know how important it is for LGBT couples to feel confident that their parental rights will be recognized and protected. If you are considering surrogacy or want to better understand your options, contact our Fort Lauderdale family law attorneys to discuss your family’s next steps.

Source:

flsenate.gov/Laws/Statutes/2025/0742.15