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Could gestational surrogacy result in any legal complications?

Back in February, we pointed out to our readers here in Brandon the fact that there are two different types of surrogacy: traditional and gestational. In the post, we outlined each type of surrogacy and explained that choosing surrogacy may require couples to seek help from a legal professional knowledgeable in family law. Today we’d like to explain why.

As you may have gathered from our descriptions of the two types of surrogacy, each type involves the law to some extent. With traditional surrogacy, the inclusion of the law may be very minimal, only requiring the surrogate mother and the biological parents to sign a surrogacy contract that transfers parental rights to the child's biological parents after the child is born. But with gestational surrogacy, more of the law needs to be applied, which means more room for confusion and potential disputes.

Because gestational surrogacy uses a surrogate mother's egg and the sperm of the commissioning father, a surrogacy contract needs to be thoroughly reviewed by a lawyer to make sure that the commissioning mother will be awarded parental rights upon delivery and that this is being done so in accordance with Florida law. If something is amiss with the contract or all involved parties do not follow the law exactly, parental rights might be up for dispute, requiring the help of legal representatives and the court.

If the surrogate mother becomes pregnant, but it is later determined that neither the commissioning mother nor the commissioning father are related, then legal issues could arise here as well. That's because, according to Florida law, this voids a surrogacy contract, making the surrogate mother the legal mother of the child.

Because of the complexity of the law and the fact that most people only have a general understanding of it, it's easy to see why issues involving surrogacy may require the help of an attorney. This is especially the case with gestational surrogacy because these cases tend to require extra experience, which is something our lawyers at Brandon Family Law Center, LLC have.

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Brandon Family Law Center, LLC

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