Florida law requires parties entering into a surrogacy agreement to sign a contract outlining terms. This contract must be acceptable to the court to be binding and may not involve any payment except for living expenses.
The Brandon Family Law Center, LLC, offers substantial experience with negotiating, drafting and managing surrogacy agreements. We only facilitate gestational surrogacy arrangements, in which the intended parents contribute both the sperm and the egg, and the surrogate has no genetic connection to the implanted embryo. (Our firm does not handle traditional surrogacy, in which the carrier provides her own egg.)
AGREEMENTS BETWEEN SURROGATES AND INTENDED PARENTS
Couples who have not been able to conceive or to carry a child to term may engage a surrogate to act as the gestational carrier for their child. The surrogate is implanted with the intended mother’s egg or a donated egg or embryo, typically involving artificial insemination.
Our role is to ensure that the terms of the agreement are clear to the parties and fully compliant with Florida law regarding consent, disclosure and financial considerations. For instance, the surrogate (and her husband, if she is married) must relinquish any claim of parentage or custody. The contract may specify, for example, the physicians or fertility lab involved, the manner of implantation and the number of attempts. The carrier must disclose certain medical and personal history, and otherwise represent that she is a fit candidate and free to serve as a surrogate. The intended parents must likewise make good faith disclosures and commitments on their part.
Family law lawyer Mary L. Greenwood have the focused knowledge to create a comprehensive surrogacy agreement. We spend time with clients — we advise and represent intended parents as well as surrogate carriers — to ensure that all the bases are covered in detail and in the appropriate legalese.
SURROGACY ESCROW AGREEMENTS AND ESCROW MANAGEMENT
Although it is not legal to “hire” a woman to carry a baby, it is a major commitment, investment and risk on her part. Florida law provides for coverage of the carrier’s expenses through an escrow account. Brandon Family Law Center not only drafts these agreements but can also serve as an administrator to manage the surrogacy escrow fund and authorize payments.
Escrow agreements can cover payment of rent, lost wages, medical care, life insurance and other expenses relating directly to the pregnancy.
Ready to explore surrogacy? We serve Hillsborough County and the Tampa Bay area. Call our surrogacy agreement attorneys at 813-653-1744 , or contact us online.
