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Surrogacy Laws in Florida

Summary: Florida has laws on the books that specifically allow for traditional surrogacy agreements and gestational surrogacy agreements, but neither of those agreements is available to LGBT couples.


Explanation: Florida statutes for gestational surrogacy put strict limitations on the contracts, and one of them is reducing the involvement to couples that are married and both 18 years or older. The law dealing with traditional surrogacy agreements, which are called pre-planned adoption agreements, relates those contracts to existing state adoption law. Furthermore, Florida explicitly disallows gays from adopting. This law was upheld in 204 in a Court of Appeals.

There was a case in 2000 where a Court of Appeals said that the ability to enter into surrogacy arrangements is set aside for couples that are married only, and it is one of several rights domestic partners don’t get. The ruling only dealt with the Domestic Partnership Act, but it’s likely that Florida courts could look at several other domestic partnership laws in that way.



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