Florida
Surrogacy Laws

Establishing Parental Rights in Florida Surrogacy

Pre-Birth vs. Post-Birth Orders

Florida permits gestational surrogacy under the Florida Gestational Surrogacy Act (Fla. Stat. §742.15).

Unlike some states that require a mandatory pre-birth order, Florida law requires a post-birth court order to formally finalize parental rights.

After delivery, the intended parents petition the court for a judgment confirming their parental status. Once granted, the final birth certificate is issued reflecting the intended parents as the legal parents.

Although a pre-birth order is not required by statute, attorneys frequently obtain a pre-birth declaration or interim order to assist with hospital coordination, clarify medical decision-making authority, and streamline administrative steps following delivery.