Surrogacy Attorneys in Boca Raton

Protecting Your Interests in a Surrogacy Agreement

Having children through a surrogate is becoming increasingly prevalent in the United States. Florida is one of the few states that officially recognize contracts for gestational and traditional surrogacy arrangements, as well as egg and sperm donations. Since Florida’s laws protect the rights of the intended parents, meaning the surrogate, the baby, and the egg donor, Florida is chosen by many as an ideal place for expanding their families via surrogacy. Florida law requires that a surrogacy agreement be signed to enter a binding contract. These matters are technical and require an attorney with experience to anticipate and resolve the host of issues facing couples who seek to create families in this way. It is imperative that the rights and obligations of all parties in the contract be spelled out clearly for their protection in the event that complications arise.

Traditional Surrogacy vs. Gestational Surrogacy

Traditional surrogacy— the surrogate uses her own egg, which is commonly fertilized through artificial insemination with the sperm of the intended father or a donor. If the procedure results in a pregnancy, she will carry the infant until the time of delivery. This is referred to as “Preplanned Adoption” by Florida Statute 63.213, and the surrogate has 48 hours after she gives birth where she may repeal her consent to surrender the child. In most states, this kind of surrogacy is riskier for the intended parents because the woman giving birth has a genetic link to the child. However, Florida law explicitly provides the opportunity for contracts that terminate the rights of the birth mother and gives legal custody and control of the child to the intended parents.

Gestational surrogacy— this method offers intended parents a higher level of legal and emotional security. During this process, the carrier does not use any of her own genetic material to produce the baby. The sperm and egg are either from a donor or the intended parents. If the procedure results in a pregnancy, she will carry the infant until the time of delivery. Because of the legal provisions under Florida Statute 742.15, parents can be sure that the surrogate mother has no legal connection to the child through a surrogate contract. This kind of statutory protection is absent in most other states in the nation.

Representing All Parties in Traditional & Gestational Surrogacy

Surrogacy law is a growing area with complex legal issues. Scientific advances in the field of assisted reproduction keeps arrangements evolving at a rapid pace. If you are a party in an arrangement, or considering a surrogate pregnancy, you need qualified legal counsel. The Boca Raton-based surrogacy attorneys at Klein Law Group can protect your rights and anticipate and address potential problems.

We Represent Intended Parents

We create a comprehensive agreement for the intended parents that is crystal clear to avoid any roadblocks in the process. This eliminates any confusion on their part. The contract addresses all potential risks and probable events so that the intended parents feel confident about the birth plan. All parties involved will understand their roles and their rights to alleviate any concerns that may emerge along the process.

We Represent Surrogate Mothers

Our attorneys at Klein Law Group ensure that birth mothers’ rights are protected. We make sure that surrogates know about any possible medical risks and assure them that their participation will be fairly and legally compensated. We not only negotiate benefits for the surrogate, but also for their spouse and children.

The surrogacy attorneys at Klein Law Group guide you through the process:

• Negotiate and draft traditional and gestational surrogacy contracts
• Explain your rights and responsibilities under the contract
• Resolve any disputes through mediation or litigation
• Set up and manage escrow accounts or trust funds for the baby
• Prepare all communications for physicians and other parties involved in the process
• Ensure necessary paperwork is submitted to streamline the birth registry process
• Communicate on your behalf with hospital staff and social workers to protect your rights
• Secure a pre-birth order that defines the rights of the intended parents
• Manage and disburse funds in accordance with the terms of the surrogacy contract
• Handle all legal services needed to help you establish your legal rights to your child

Requirements for a Valid Gestational Surrogacy Contract in Florida

In order to have an enforceable gestational surrogacy contract in the state of Florida, the following must be met under Florida Statutes 742.15 and 742.16:

• The surrogate must be 18 years of age or older.
• The commissioning couple is married and both 18 years of age or older.
• A physician has determined that the commissioning couple cannot physically gestate a pregnancy to term, or that the gestation would cause a risk to the commissioning mother or health of the fetus.
• The commissioning couple agrees that the surrogate will be the sole source of consent with respect to the management and clinical intervention of the pregnancy.
• The surrogate agrees to reasonable treatment, medical evaluation, and prenatal medical instruction.
• The surrogate agrees to relinquish all parental rights upon birth and cooperate with judicial proceedings.
• The couple agrees to accept custody and full parental rights and responsibilities of the child upon birth, regardless of any physical impairment affecting the child's overall well-being.
• The surrogate agrees to assume parental rights and responsibilities of the child if neither member of the commissioning couple were the genetic parent of the child.
• The commissioning couple agrees to pay reasonable living, legal, medical, psychological and psychiatric expenses of the surrogate directly related to the prenatal, intrapartum and postpartum periods.