Florida's LGBT surrogacy laws provide a clear legal framework for same-sex couples to build their families through gestational surrogacy, with both parents able to obtain legal recognition from birth.
With proper legal guidance and the right surrogacy agency, gay surrogacy laws in Florida ensure you can navigate parentage orders, birth certificates, and contract protections with confidence, bringing you closer to holding your baby sooner than you might think.
No matter how long you’ve been thinking about becoming a parent is too long. Schedule a free consultation today to see how we can help you live out that dream.
This comprehensive guide answers every legal question LGBT intended parents have about surrogacy in Florida, from pre-birth orders to birth certificate processes, so you can move forward with clarity and peace of mind.
LGBT Surrogacy Laws in Florida and Establishing Parentage: Will We Get a Pre-Birth Order?
Yes, Florida courts can issue pre-birth orders for LGBT intended parents, but they function more as interim orders for medical decision-making rather than final parentage determinations.
Under Florida's gestational surrogacy statute (Chapter 742.15), married couples, including same-sex couples, can file petitions for affirmation of parental status.
Here's what you need to know about pre-birth orders in Florida:
Pre-birth orders typically authorize intended parents to make medical decisions for the child but don't direct vital records to name you on the birth certificate until after birth. At least one intended parent must have a genetic connection to the child for the surrogacy statute to apply. A post-birth order must be obtained before a birth certificate containing the intended parents' names will be issued.
If you are not married, other intended parents can still do surrogacy in Florida through paternity and maternity petitions or pre-planned adoptions, but the process may be more complex.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Florida?
The short answer is yes, but timing matters. 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.
For same-sex couples using donor gametes:
- Married Couples: Florida allows surrogacy for married couples including the gay and LGBTQ+ community, regardless of sexual orientation
- Legal Recognition: Both parents can typically be recognized, but it is still important to get a court order recognizing this to make sure you will be recognized in every state
- Genetic Requirements: For the statute to apply, one intended parent must have a genetic connection, but both can achieve legal parentage
Key differences by couple type:
- Male couples: Often use an egg donor with one partner's sperm
- Female couples: May use donor sperm with one partner's egg, or reciprocal IVF where one provides the egg and the other carries
What If We're Not Married — Can We Both Be Legal Parents?
Unmarried LGBT couples face additional legal steps, but parentage is still achievable.
The surrogacy statute does not apply to any other intended parent in Florida besides married couples, but other intended parents are still able to do surrogacy through court orders.
Options for unmarried couples:
File separate legal actions to establish each parent's rights Structure the arrangement as an adoption from the surrogate Additional court proceedings may be required after birth
Find out why marriage before conception can dramatically simplify your legal journey, and what options exist if marriage isn't right for your relationship.
I'm a Single Parent — Can I Still Be Declared the Legal Parent in Florida?
Absolutely. Single intended parents can pursue surrogacy in Florida, and some singles can be listed on the birth certificate right at birth.
For single LGBT intended parents:
- Genetic Connection: You'll typically need to use your own egg or sperm with a donor
- Legal Process: Single parents can pursue surrogacy through paternity/maternity petitions or pre-planned adoptions
- Simplified Process: Courts show greater support when one parent is genetically related to the child
How Will Our Names Appear on the Birth Certificate in Florida?
Florida recognizes diverse family structures on birth certificates.
Typical birth certificate formats for same-sex parents are identified as “Parent” and “Parent” on the final birth certificate.
Important note: A birth certificate alone doesn't make you a parent. It is only evidence that you are a parent. Birth certificates are important records, but while they reflect parentage, they do not by themselves legally establish parentage.
How Long Will It Take to Get the Birth Certificate?
The answer depends on how you apply for the birth certificate, as it can be done online, through the states Bureau of Vital Statistics or from local county health departments but its generally processed in 3-5 business days.
Do We Need a Second Parent Adoption After Surrogacy in Florida?
While not always legally required, it's highly recommended.
Even if you receive an accurate birth certificate with both parents listed, it is highly recommended that you complete a second- parent adoption or get a court order recognizing that you are a parent.
Why adoption provides extra protection:
A court judgment will be recognized in all states under full faith and credit principles of the U.S. Constitution Other states or countries may not recognize a birth certificate alone as granting legal parentage to the non-biological parent without a stepparent adoption Protects against potential changes in state laws or policies
The biggest mistake we see? LGBT couples who skip the adoption step and later face legal challenges when traveling or moving to less LGBT-friendly states.
How Surrogacy Contracts Protect LGBT Parents in Florida
A well-drafted surrogacy contract is your legal foundation. Florida enforces surrogacy contracts under specific statutory guidelines, and these agreements are legally binding when executed before embryo transfer.
Essential contract protections for LGBT parents:
- Parental Rights Clauses: Clear establishment of intended parents' rights from conception
- Medical Decision Authority: Who makes healthcare decisions during pregnancy
- Birth Plan Preferences: Hospital procedures, visitors, and birth certificate completion
- Confidentiality Provisions: Protection of your family's privacy
What if your surrogate changes her mind about supporting your relationship? A comprehensive contract protects your legal position and ensures your journey continues smoothly.
Why Work With a Surrogacy Agency If You're an LGBT Couple in Florida
Agencies provide specialized LGBT support that independent arrangements often lack. Working with a national agency like American Surrogacy gives you options, we can help you pursue surrogacy in a state with more aligned legal standards if needed.
Benefits specific to LGBT intended parents:
Surrogates pre-screened for comfort with diverse families American Surrogacy partners with trusted surrogacy attorneys in Florida to ensure every contract is compliant Average match time reduced from 12-18 months to 4-6 months Access to surrogates in multiple LGBT-friendly states
Finding an LGBT-Friendly Surrogacy Attorney in Florida
The right attorney makes all the difference. Here are experienced Florida surrogacy attorneys with expertise serving LGBT intended parents:
Top LGBT-Friendly Surrogacy Attorneys 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):
What to ask potential attorneys:
- How many LGBT surrogacy cases have you handled in Florida?
- What's your approach to pre-birth vs. post-birth orders?
- Do you recommend second parent adoptions for LGBT couples?
How to Get Started With LGBT Surrogacy in Florida
Your journey to parenthood can begin sooner than you think. With American Surrogacy, you don't have to navigate this process alone. Our experts work hand-in-hand with experienced surrogacy attorneys to make sure every step is legally secure and emotionally supported.
Ready to become a parent faster? The LGBT surrogacy laws in Florida are designed to support your family-building dreams—and we're here to guide you through every legal step with confidence and care.