In Florida, gestational surrogacy is permitted by Section 742.15, Fla. Stat. Gestational Surrogacy Agreements are only permitted if the Intended Parents are a married couple with one member of the couple being genetically related to the child. Other intended parents (such as single people or unmarried couples) can participate in surrogacy in Florida, through the execution of a Preplanned Adoption Agreement. Preplanned Adoption Agreements are similar to Gestational Surrogacy Agreements, but there are certain nuances and differences.
Traditional (genetic) surrogacy in Florida is also permitted in the form of a Preplanned Adoption Agreement from a “volunteer mother.” Unlike gestational surrogacy, these sorts of agreements are permitted for intended parents of all marital statuses. However, a traditional surrogate’s consent is revocable for up to 48 hours after birth, due to her genetic connection to the child.