Engaging a Surrogate (Representation of Intended Parents)

If you are planning to use a surrogate to have a baby, there are many technical and practical considerations. There are of course many risks for the carrier, but also for you as the intended parents. You should not enter an agreement — formal or informal — without the advice of a qualified lawyer.

Brandon Family Law Center, LLC, represents intended parents in the Tampa Bay area in surrogacy agreements and related matters of surrogacy and reproductive law. We will help you locate a surrogate and work out the concrete terms of your arrangement to minimize conflicts or misunderstandings.

ARRANGING FOR A GESTATIONAL SURROGATE

We only handle gestational carrier surrogacy agreements, i.e., cases in which the intended parents provide the egg and sperm, and the surrogate mother carries the implanted embryo to term. (We do not handle traditional surrogacy, i.e., when the carrier uses her own egg and is thus genetically related to the child.)

The first thing we do is educate prospective parents about their rights and responsibilities under Florida’s surrogacy laws, and the substantial costs of engaging a surrogate. For starters, you must be a married couple and you must enter into a legally binding contract approved by a Florida family court. Then there are dozens of questions that must be addressed in the agreement such as:

  • Do you have restrictions or preferences regarding race or ethnicity?
  • Who chooses the prenatal doctors and the birthing hospital?
  • What if more than one egg/embryo implants (i.e., twins or triplets)?
  • Are you willing to take custody if the infant is born with health problems or a birth defect?
  • Under what terms can the pregnancy be terminated?
  • Under what terms can the surrogacy contract be terminated?

Per Florida law, intended parents cannot provide direct compensation to a surrogate. However, you are allowed and obligated to provide for her reasonable expenses and hardships. We help you anticipate and negotiate these terms, such as reimbursement for living expenses and uncovered medical expenses: day care, maternity wear, lost wages, meals, life insurance, and compensation for certain “above and beyond” developments such as mandated bed rest or C-section delivery.

CROSSING THE T’S AND DOTTING THE I’S

A successful surrogacy will bring untold joy, but these arrangements are fraught with potential problems. Our proactive and thorough approach helps to avoid many problems and makes sure that everyone is on the same page. Attorney Mary L. Greenwood has facilitated dozens of surrogacy cases in her 30+ years of family law practice.

If you need help finding a surrogate in Florida and working out the details, call Brandon Family Law Center at 813-653-1744 , or contact us online.

Client Testimonials

  • This law firm is great! Everyone is friendly and helpful. Karen is awesome at staying on top of things. Unlike many law firms that don't call you back, this law firm makes sure that communication is their standard. I have had the pleasure of using Karen's, and Mary's services. All are very professional, kind, knowledable, and I've had nothing but pleasant experiences with this firm. I have recommended them to others and will continue to recommend their services.
    S. Gaskins

  • We used Brandon Family Law Center for on two occasions, a guardianship and an adoption. In both cases the staff was professional and attentive to our inquiries and requests. We will definitely use this law firm for our legal needs, in the future.
    K. O’Rourke

    Email Us For a Response

    Contact Us For A Consultation

    No matter what your family's need is, Brandon Family Law Center has the knowledge and experience to help you. To schedule an initial consultation to discuss your case with the experienced and caring divorce and family lawyers at Brandon Family Law Center.
    Call us at 813-653-1744 .