Florida Surrogacy Laws

A Brief Summary of the Following Article

  • Elevate Baby provides surrogacy services in Florida and emphasizes the importance of understanding the state’s surrogacy laws for a positive experience.
  • Our experienced surrogacy professionals provide personalized services, with empathy gained from our own assisted reproduction journeys.
  • A surrogacy agreement is a legal document involving intended parents, surrogate mothers, spouses or partners, and donors, specifying compensation, medical expenses, parental rights, and other terms.
  • Florida allows both traditional and gestational surrogacy, but Elevate Baby exclusively offers gestational surrogacy services with specific criteria for surrogate mothers. Contact Elevate Baby for more information on surrogacy in Florida.


The choice to pursue surrogacy is something to be excited about as individuals get one step closer to building the family they have been dreaming of. As intended parents embark on this journey to welcome a child into their lives, they should be feeling joyous, but understanding the surrogacy laws in the state of Florida is crucial to ensuring they are able to have a positive experience. When intended parents work with the surrogacy professionals at Elevate Baby, they can rest assured that we will help them understand Florida’s surrogacy laws so that they can fully enjoy the exciting milestones that await them along the surrogacy journey.

Our Florida surrogacy professionals have years of experience providing personalized surrogacy services to intended parents. Intended parents and surrogates alike can trust our team of surrogacy professionals to provide the care and attention they need. Many of our staff members have gone on their own assisted reproduction journeys, allowing us the unique opportunity to empathize with what intended parents are going through in their own journeys. We go above and beyond for all of our clients to help them make confident decisions about their future.

What Is a Surrogacy Agreement?

Beginning a surrogacy journey with one of our qualified surrogate mothers means that the intended parents have now entered into a legal agreement. The surrogacy agreement is a legal document that lays out the terms of surrogacy between all involved parties. The parties who are included in this agreement may include the following:

  • Intended parents
  • Surrogate mother
  • The surrogate’s spouse or registered domestic partner
  • Any sperm or egg donors

Before individuals can initiate an embryo transfer as part of begin the surrogacy process, all parties must sign a surrogacy agreement. In a surrogacy agreement, there are several elements that must be included in the document. These elements can include the following:

  • The amount of compensation that the intended parent(s) will pay to the surrogate mother.
  • The medical and living expenses the intended parent(s) will take care of for the surrogate.
  • Whether the surrogate will be able to choose a local provider for her care.
  • That the surrogate donors, if they are not the intended parents, will give up all parental rights to the child.
  • That the intended parent(s) will become the child’s legal parents upon the birth of the child.
  • The risks of liabilities for all parties involved in the journey.
  • Agreed upon terms and conditions regarding termination and selective reduction.

To learn more about the surrogacy agreement and how our Florida team of surrogacy professionals can help, contact Elevate Baby today.

What Type of Surrogacy is Legal in Florida?

Florida is what is known as a surrogacy-friendly state, meaning that surrogacy is legal within the state. There are two different types of surrogacy: traditional and gestational. Traditional surrogacy is when the surrogate mother has a biological link to the child they are carrying for intended parents. Traditional surrogacy is not a service offered by Elevate Baby.

On the other hand, gestational surrogacy is when a surrogate, also referred to as a gestational carrier, has no biological link to the child they carry. Gestational surrogacy is the only surrogacy service offered by our agency. In the state of Florida, both types of surrogacy are legal despite the fact that our agency only offers gestational surrogacy services. 

What Are the Requirements to Become a Surrogate?

Not just anyone can become a surrogate. At Elevate Baby, we have specific criteria that women who want to be surrogates must meet before they can be matched with intended parents. 

The requirements to become a surrogate in Flordia with Elevate Baby include the following:

  • Surrogate mothers must be between the ages of 21 and 40 years old
  • Surrogates should have a body mass index of 32 or lower
  • Surrogate mothers should already have given birth and be raising at least one child
  • Surrogate mothers should be in general good health
  • Surrogate mothers should be non-smokers
  • Surrogate mothers should be financially stable
  • Surrogate mothers must be willing to undergo medical and psychological evaluations

If you are ready to begin your surrogacy journey with our team of professionals in Flordia, contact us today to learn how.

Contact Our Florida Surrogacy Team Today

At Elevate Baby, we understand that surrogacy offers intended parents the chance to finally become parents. We have years of experience serving clients with the top-of-the-line service they deserve. 

Contact us today for more information regarding surrogacy laws in Florida by calling (323) 933-8918 or filling out our contact form.

Getting Started

Whether you are interested in surrogacy or egg donation as an intended parent or potential donor, the process can be one of the most rewarding experiences of your life. Begin your journey today!