Tampa Surrogacy Agreement Attorney
When a couple cannot naturally conceive or a woman is unable to carry a child to term, surrogacy is sometimes an option. Surrogacy has many of its own complexities and challenges including finding the right surrogate, planning for medical preferences and decisions, determining compensation for the surrogate, and making the decision whether to continue a relationship between the child and surrogate after the birth. Below, our Tampa surrogacy agreement attorney explains further.
Types of Surrogacy in Tampa
There are two types of surrogacy in Tampa. Traditional surrogacy involves fertilizing the eggs of the surrogate with the father’s sperm. Today, gestational surrogacy is much more common. Gestational surrogacy involves fertilizing the egg of the commissioning mother with the sperm of the father and implanting it into a surrogate’s uterus. In these cases, the surrogate has no genetic link to the child.
The Gestational Surrogacy Law in Tampa
In Florida, any couple that commissions a surrogate must be legally married and over 18 years old. The commissioning mother must be unable to carry a pregnancy to term either because it would risk the health of the fetus, or her own health would be at risk. After a couple has found a surrogate, all parties must enter into a contract that will rule the surrogacy.
What Should a Surrogacy Agreement Include?
The law in Florida is very clear regarding what surrogacy agreements must include. All contracts must address the following:
- The surrogate can consent to the management of the pregnancy or medical intervention on their own,
- The surrogate must agree to reasonable medical treatments and prenatal health practices,
- The surrogate must waive any claim to parental rights once the child is born,
- The couple that commissioned the surrogate will take custody immediately after the child is born,
- If neither of the commissioning couple is the biological parent, the surrogate will accept parental rights, and
- The amount of compensation the surrogate will receive for living, medical, and legal expenses for prenatal, labor, and postpartum care.
When a surrogacy agreement is strong and legally sound, the surrogate mother will not have the right to keep the baby after the birth. These contracts must include certain language, or they will not be considered legally binding. To protect the rights of everyone involved, it is critical to work with a Tampa surrogacy agreement attorney.
Our Surrogacy Agreement Attorney in Tampa Can Draft Your Contract
Surrogacy is a legal option in Florida and unlike in other states, surrogates have a right to be compensated for their expenses. The law does still govern surrogacy in the state, though, and it is important that all parties comply with the rules. At Florida Law Advisers, P.A., our Tampa surrogacy agreement attorney can ensure your contract is properly drafted and contains all necessary provisions so everyone involved in the surrogacy is protected. Call us today at 1 (800) 990-7763 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.