Gestational surrogacy contracts may be enforced in court, provided at least one intended parent is a genetic parent. Gestational or traditional surrogacy contracts with non-genetic intended parents may be executed via pre-planned adoption agreement. In this case, a person acting as a surrogate may change her mind up to 48 hours after birth. Adoption in these cases are required, and the agreement may be terminated at any time prior to the transfer of the child to the intended parents.

Single parents may not enter into surrogacy contracts that are enforceable by law in the state of Florida; however, an intended single parent may in fact use the surrogate protocol to execute a pre-planned adoption agreement to become a parent either by gestational or traditional surrogacy.

Florida state law also limits some of the rights of a person acting as a surrogate:

• Gestational surrogacy contracts must ensure that the surrogate is the sole source of consent for the management of the pregnancy and also that the surrogacy must agree to follow reasonable medical instructions and advice.


• No Pre-planned adoption agreement may require a person to agree to a termination of the pregnancy.


• The surrogate must have legal representation, however, the intended parents are not required to pay for it.