Brandon Family Law Center, LLC
Call for help

What rights do I have over an embryo carried through surrogacy?

As more Americans are plagued by infertility, alternatives like surrogacy give couples who previously thought they were out of options the chance to build a family.

Surrogacy may make some couples a bit nervous to have someone else in more control of the pregnancy. Fears may include whether or not a surrogate can walk away and take the baby with her. Who has the legal right over the embryo - the genetic parents or the carrier?

Gestational vs. traditional surrogacy

The answer to that question ultimately relies on the type of surrogacy chosen. There are two types of surrogacy legal in Florida: gestational and traditional. Gestational surrogacy is when the surrogate carries an embryo to term that uses the genetic material of both intended parents (the sperm and egg). Traditional surrogacy is when the surrogate's egg is fertilized with the intended birth father's sperm.

In compliance with Florida law, a gestational surrogate is not the biological parent and therefore has no legal right to the child following birth. This also protects the surrogate, as the intended parents cannot force the surrogate to parent the child.

In traditional surrogacy, either the surrogate or the intended parents may rescind the consent and terminate the agreement up to 48 hours following birth. That means a birth mother does have the right to change her mind and keep the baby, and the parents

Surrogacy agreements

The legal rights of all parties are protected and directed by a surrogacy agreement. Florida law requires individuals considering either type of surrogacy to enter into a surrogacy agreement, which is binding and enforceable upon its signature. The commissioning couple must be 18 years or older and married, and the surrogate must be 18 years or older.

    There are several provisions the agreement must contain, including medical consent, medical evaluation and treatment, and the parental and custodial rights for the child upon birth. 

    Working with a professional on these decisions to ensure the terms are met by all parties throughout the pregnancy can lead to a beautiful outcome for surrogates who are able to give an amazing gift to a family and to infertile couples who eventually have a newborn baby to take home.

    No Comments

    Leave a comment
    Comment Information
    Email Us For a Response

    Contact Us For A Consultation

    No matter what's your family's need, 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, email or call us at 813-438-7119.

    Bold labels are required.

    Contact Information

    The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


    Privacy Policy

    Office Location:

    Brandon Family Law Center, LLC

    Brandon Office
    1038 E. Brandon Blvd.
    Brandon, FL 33511

    Phone: 813-438-7119
    Fax: 813-654-6830
    Brandon Law Office Map

    Tampa Office
    601 N. Ashley Dr.
    Suite 1100
    Tampa, FL 36602

    Map & Directions

    Proudly associated with

    • Florida Adoption Council
    • IACP | International Academy Of Collaborative Professionals
    • BNI
    • The Greater Riverview Chamber of Commerce