At Foster + Bloom, we recognize that starting a family is a deeply personal milestone that deserves more than just standard legal paperwork. Our team is dedicated to providing the clarity and steady guidance needed to transform a complex process into a rewarding and predictable experience.
By bridging the gap between complicated regulations and your personal goals, we ensure your focus remains on the joy of the journey rather than the stress of the unknown.
With deep roots in Florida’s legal landscape and a national reputation for excellence, we offer the protection your family deserves.
Why You Need a Surrogacy Attorney in Florida
Florida is widely regarded as one of the most surrogacy-friendly states in the country. However, this favorable environment is built upon strict adherence to specific legal statutes. To ensure your rights are fully protected, working with a surrogacy attorney is essential.
Florida law authorizes gestational surrogacy, but specific eligibility requirements apply to ensure the process is ethically and legally sound. The intended mother must be unable to carry a pregnancy safely, or it must be determined that a pregnancy would pose a risk to her or the fetus.
Legal counsel ensures fairness, clarity, and enforceability for everyone involved. Without the right legal partner, families may face costly delays, disputes, or vulnerabilities that threaten their parental rights.
What’s Included in a Surrogacy Contract?
The surrogacy contract, also known as the gestational carrier agreement, is the most vital document in your journey. At Foster + Bloom, our role as your surrogacy attorney is to turn an overwhelming process into a manageable plan.
A comprehensive surrogacy attorney will ensure the following are addressed:
- Establishing Legal Parentage: We provide clear language to ensure that the intended parents are recognized as the sole legal parents of the child from birth.
- Financial Safeguards: We outline a detailed framework for the surrogate’s compensation and the coverage of all pregnancy-related medical bills and insurance premiums.
- Medical Contingencies: Detailed protocols for medical decisions, including prenatal care, selective reduction, and birth plans.
- Post-Birth Communication: Outlining the expectations for contact between the surrogate and the family after the child is born.
- Conflict Resolution: We establish clear mechanisms for addressing disagreements, providing the legal advocacy needed to resolve issues and keep your journey on track.
- Liability and Risks: Clear definitions of legal responsibility for all parties during the pregnancy and delivery.
What Surrogacy Attorneys Do for Intended Parents
Your journey to parenthood is deeply personal, and the legal framework surrounding it should be just as tailored. Our attorneys act as dedicated advocates for your family, providing the protection and peace of mind you need as you look toward the future.
To help you move forward with confidence, the team at Foster + Bloom provides:
- Statutory Compliance: We verify that you meet the medical necessity requirements and that your agreement meets the specific criteria set forth by Florida law.
- Parentage Recognition: We guide you through the court process to secure the necessary legal orders that establish your parental rights before or after the child is born.
- Coordination with Medical Professionals: We work with IVF clinics and hospitals to ensure they have the necessary legal clearances to proceed with the journey.
- International Expertise: For those coming from abroad, our international surrogacy attorney manages the complexities of citizenship and immigration.
- Birth Certificate Management: We work with the state to ensure the final birth certificate correctly reflects the intended parents’ names.
What Surrogacy Attorneys Do for Gestational Carriers
Choosing to become a surrogate is a profound act of generosity. Our priority is ensuring that your physical and emotional well-being is never compromised through every stage of the pregnancy.
Florida law requires that a surrogate has her own independent legal counsel to ensure there is no conflict of interest. Our advocacy for those choosing to carry a child for another family includes:
- Contract Fairness: Ensuring that the compensation is competitive and that all out-of-pocket expenses are covered by the intended parents.
- Boundary Protection: Clearly defining your rights regarding your own medical decisions and physical boundaries throughout the pregnancy.
- Legal Advocacy: Ensuring that you are fully informed of your rights under Florida law before you sign any surrogacy agreement.
- Resolution Support: If any issues arise during the pregnancy, we provide the mediation needed to protect your interests without adding stress to the process.
- Independent Counsel: Providing a neutral space where you can ask questions and express concerns about the legal terms of the arrangement.
Legal Services for Independent Surrogacy Journeys
Many families find their own match through friends, family, or online communities. While an agency can provide matching services, the legal requirements remain just as significant.
When families pursue an independent path, the attorneys at Foster + Bloom provide the specialized guidance needed to ensure every detail is addressed. We help you navigate the timing and logistics of your journey by ensuring the process meets all Florida regulatory specifications.
Our team drafts an enforceable legal framework that honors the intentions of both parties while protecting your future family. Even without an agency, we manage the direct coordination of necessary legal steps across jurisdictions if your journey crosses state lines or involves multiple medical facilities.
When Should You Consult A Surrogacy Lawyer?
You should consult a surrogacy attorney as soon as you have found a potential match or even before you begin your search. Early consultation allows us to review your unique circumstances and prepare you for the requirements of Florida law.
The contract must be signed and “cleared” by the attorneys before the embryo transfer or any medical procedures begin. Most fertility clinics in Florida require a legal clearance letter from an attorney before they will start the medical cycle.
Do You Need A Lawyer For Surrogacy?
Yes. Florida Statute Chapter 742 explicitly requires a binding and enforceable written agreement between the parties for a gestational surrogacy to be legally valid. This agreement is the foundation of your parental rights.
Working with an experienced surrogacy attorney ensures that this contract meets all statutory requirements to protect your family’s future. Without professional legal guidance, you risk complications that could delay your path to parenthood or jeopardize your legal status.
Legal Protections for Same-Sex and LGBTQ+ Parents
At Foster + Bloom, we are modern family champions who believe that every family deserves clarity, protection, and celebration. We provide dedicated support for same-sex couples, ensuring your family-building journey is honored and legally secure at every step.
To ensure your rights are fully recognized, our team offers specialized support for LGBTQ+ parents including:
- Parentage Order Security: Ensuring that both parents are recognized on the parentage order, regardless of genetic connection.
- Second Parent Adoption: In cases where it is beneficial for extra security across state lines, we guide families through the second parent adoption surrogacy timeline.
- Inclusive Language: We ensure that all legal documents reflect your family’s identity with respect and accuracy.
- Legal Bond Recognition: We navigate the specific requirements to ensure that the legal bond for non-genetic parents is identical to that of their partner.
- Providing Absolute Certainty: Our team handles court actions when needed to provide absolute legal recognition and protection for your family structure.
Choosing the Right Surrogacy Attorney in Florida
Selecting the right legal partner is a vital decision that impacts the security of your future family. To find the best representation for your unique needs, consider the following:
- Experience: We offer 185+ years of combined experience. We have guided thousands of families through the complexities of surrogacy.
- Cost Transparency: We believe that building a family should be an accessible dream. We provide clear, straightforward information regarding all legal fees and the expected costs associated with securing your parental rights.
- Local Insight with National Reach: Having a firm with national reach is invaluable if your surrogate lives in a different county or if your journey involves international surrogacy parentage orders.
- Compassionate Guidance: You need a team that recognizes the emotional weight of your journey while providing clear, jargon-free explanations.
Ready to Take the Next Step?
Our team handles the heavy lifting of legal navigation so you can remain present for the moments that truly matter. Whether we are finalizing an adoption or drafting a surrogacy agreement, our goal is to ensure your only focus is the excitement of growing your family.
You deserve a partner who values your family’s future as much as you do. We provide the sophisticated legal advocacy required to turn your dreams into a reality, giving you the peace of mind that comes with knowing every detail is legally sound.