Florida recognizes gestational surrogacy agreements for LGBT intended parents, making it one of the most welcoming states for same-sex couples and individuals pursuing parenthood through surrogacy.
With proper legal guidance and an experienced LGBT-friendly agency, you can establish full parental rights and bring your baby home with confidence.
Get the support you deserve and schedule a consultation today with LGBT-friendly agencies who understand Florida’s legal landscape
This comprehensive guide breaks down everything LGBT intended parents need to know about Florida’s gay surrogacy laws, from pre-birth orders to birth certificate procedures, plus why working with specialists makes all the difference in protecting your rights throughout the journey.
LGBT Surrogacy Laws in Florida and Establishing Parentage: Will We Get a Pre-Birth Order?
Yes, Florida courts do issue pre-birth orders for LGBT intended parents, but specific requirements must be met.
Under Florida Statute §742.15, same-sex couples can pursue surrogacy and obtain pre-birth orders to establish parentage when they are legally married and at least one intended parent is genetically related to the child.
Key requirements for pre-birth orders in Florida include:
- Marriage requirement: Under Florida law, the commissioning couple in a gestational surrogacy must be legally married
- Genetic connection: At least one intended parent must contribute genetic material (egg or sperm) to the embryo
- Timing: Pre-birth orders are typically filed during the second trimester of pregnancy
- Court approval: The petition for affirmation of parental status must be filed with the court
Pre-birth orders are permitted and recommended in Florida, although not legally required.
A pre-birth order does not legally establish legal parental rights, but it’s a helpful step toward that result. This order allows intended parents to make medical decisions for the child and streamlines the process of amending the birth certificate later.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Florida?
Absolutely. Once marriage is established, same-sex couples enjoy the same rights as heterosexual couples — including the ability to have both parents’ names on the birth certificate after legal affirmation of parental status.
The legal path for non-genetic parents involves:
For married same-sex couples:
- Both parents can be listed on the birth certificate from birth
- If married, same-sex couples using an egg donor or sperm donor follow the same process as heterosexual married couples
- No second-parent adoption is typically required when proper legal steps are followed
Documentation requirements:
- Valid marriage certificate
- Proof of genetic connection for at least one parent
- Properly executed surrogacy agreement
- Court-approved pre-birth order (recommended)
Florida law presumes that the spouse of a person who gives birth is a parent, but this is just a presumption and may not fully protect your rights, depending on your situation.
This is why working with experienced LGBT surrogacy attorneys is crucial for ensuring full legal protection.
What If We’re Not Married — Can We Both Be Legal Parents?
For unmarried LGBT couples, the path to legal parentage in Florida is more complex.
Unmarried heterosexual couples using an egg donor or sperm donor cannot obtain pre-birth orders, and the same applies to same-sex couples.
Options for unmarried couples:
- Pre-planned adoption under Chapter 63: Functions similarly to traditional adoption laws
- Two-step maternity/paternity action: Separate legal proceedings for each parent
- Post-birth second-parent adoption: Available but requires additional legal steps
Important consideration: Second-parent adoptions are permitted in Florida. In cases where one of the intended parents in a married couple is not genetically related to the child, a stepparent adoption can be completed. However, marriage significantly simplifies the legal process and provides stronger protections.
I’m a Single Parent — Can I Still Be Declared the Legal Parent in Florida?
Single LGBT individuals have clear pathways to legal parentage in Florida. Florida permits stepparent adoptions as well as adoptions by single intended parents, making it accessible for single gay, lesbian, bisexual, and queer individuals.
- Pre-birth orders are available when using your own genetic material
- Must be 18 years or older to enter into a legally enforceable surrogacy contract
- Under Florida statute, the donor of any egg, sperm, or embryo relinquishes all rights and obligations to any children born as a result of their donation
Scenarios requiring different approaches:
- Using own egg/sperm with donor: Pre-birth order available
- Using donor egg and sperm: May require pre-planned adoption proceedings
- Traditional surrogacy: Must follow Chapter 63 adoption laws
How Will Our Names Appear on the Birth Certificate in Florida?
The Bureau of Vital Statistics in Florida will now issue a birth certificate that lists both same-sex parents at the time of their baby’s birth.
- Same-sex male couples: “Parent” and “Parent”
- Same-sex female couples: “Parent” and “Parent”
- Single parents: Listed as “Mother,” “Father,” or “Parent” as appropriate
In January of 2017, the State signed a settlement agreement agreeing to issue accurate birth certificates to ALL married same-sex couples from here forward, and to issue amended certificates to anyone who was married at the time of their baby’s birth.
How Long Will It Take to Get the Birth Certificate?
Florida surrogacy legislation Fla. Stat. §742.16 requires that a petition for affirmation of parental rights be filed by the intended parents within three days after the child’s birth.
Timeline expectations:
- Petition filing: Must be completed within 3 days of birth
- Court processing: Typically 1-2 weeks for approval
- Birth certificate amendment: Usually processed within 2-3 weeks after court approval
- Final documents: Total timeline of 4-6 weeks from birth to final amended certificate
Expedited processing may be available for urgent travel needs. Your surrogacy attorney can request expedited handling if you need documents sooner for international travel or other time-sensitive situations.
Do We Need a Second Parent Adoption After Surrogacy in Florida?
Second-parent adoptions are generally not required when legal steps are followed correctly for married same-sex couples in Florida. However, there are scenarios where additional legal steps may be beneficial or required.
When second-parent adoption may be recommended:
- Interstate recognition: Not all states fully protect non-biological parents, even if they are married, so unless you have an adoption or court order you may not be protected if you travel or move to another state
- International travel: Some countries require additional documentation
- Extra protection: Even married parents may benefit from adoption orders for maximum legal security
When second-parent adoption is required:
- Neither intended parent has genetic connection to the child
- Using traditional surrogacy (where surrogate is genetically related)
- Unmarried couples seeking joint legal parentage
What Changes Everything: How Surrogacy Contracts Protect LGBT Parents in Florida
A well-drafted surrogacy contract serves as the foundation for protecting LGBT intended parents’ rights throughout the process. When using a surrogate, it is essential to ensure that the surrogacy agreement is legally valid and that your parenting rights are protected.
Essential contract protections:
Parental Rights Clauses:
- Clear statement that intended parents are legal parents from conception
- Waiver of surrogate’s parental rights (where legally permissible)
- Provisions for pre-birth order filing and court procedures
Decision-Making Authority:
- Medical decisions during pregnancy
- Delivery preferences and hospital protocols
- Emergency medical situations
Financial Protections:
- Detailed compensation schedule for surrogate
- Insurance coverage requirements
- Medical expense allocations
- Contingency planning for complications
LGBT-Specific Protections:
- Non-discrimination clauses
- Hospital notification procedures for same-sex couples
- Birth certificate amendment processes
- Backup legal strategies if primary plans encounter obstacles
Why Working With a Surrogacy Agency Changes Everything for LGBT Couples in Florida
Professional agencies provide crucial advantages that can help you avoid the legal pitfalls many same-sex couples face when navigating gay surrogacy laws on their own:
Legal Expertise:
- Access to attorneys specializing in LGBT surrogacy law
- Experience navigating Florida’s specific requirements
- Knowledge of county-by-county variations in court procedures
- Backup strategies when challenges arise
Streamlined Process:
- Families who activate today can be matched with a surrogate in less than four months
- Pre-screened surrogates who are LGBT-friendly and supportive
- Established relationships with fertility clinics and legal professionals
- Comprehensive support through every stage
Risk Mitigation:
- Thorough surrogate screening (medical, psychological, legal)
- Properly drafted contracts with LGBT-specific protections
- Insurance verification and backup coverage
- 24/7 support throughout the journey
Emotional Support:
- Counselors experienced with LGBT family-building
- Peer support networks with other LGBT intended parents
- Cultural competency and inclusive practices
- Celebration of diverse family structures
Finding an LGBT-Friendly Surrogacy Attorney in Florida
Working with attorneys experienced in both surrogacy law and LGBT issues is essential for protecting your parental rights. Here are qualified professionals practicing in Florida:
- Elizabeth F. Schwartz (Miami): Schwartz has been handling Assisted Reproductive Technology (ART) matters for over 20 years and assists with surrogacy contracts as well as the court process
- Karen Persis (Orlando): Persis provides comprehensive legal representation to individuals in all areas of assisted reproductive including surrogacy, egg donation, sperm donation, embryo donation and second parent adoption
- Stephanie F. Bodolay (Tampa):
Important note: Always verify that your chosen attorney has current experience with LGBT surrogacy cases and Florida’s evolving legal landscape. The right legal counsel makes all the difference in securing your parental rights efficiently and effectively.
How to Get Started With LGBT Surrogacy in Florida
Ready to take the next step toward parenthood? Surrogacy has helped thousands of families across Florida grow in love—and you could be next. Florida’s supportive legal framework, combined with experienced professional guidance, creates an ideal environment for LGBT family building.
Your next steps:
- Schedule a consultation with LGBT-friendly surrogacy agencies
- Review legal requirements specific to your situation (married vs. single, genetic connection, etc.)
- Connect with specialized attorneys experienced in Florida LGBT surrogacy law
Ready to change your life and welcome your baby home? Connect with vetted LGBT-friendly agencies who’ll guide you through Florida’s legal requirements with expertise and care.