Florida is definitely an incredible area for people seeking sun, warmth and relaxation. Now, Florida is also a wonderful, safe and successful position for couples that desire to expand their own families throughout the procedures of surrogacy and egg donation.
The laws in Florida make the processes of surrogacy and egg donation affordable and less at risk of legal difficulties. Only a few states, and in some cases fewer countries in Europe and around the world, have laws allowing surrogacy or egg donation. The truth is, many states and countries worldwide ban these practices altogether.
Florida has some of the most comprehensive and progressive laws existing today that protect the child, the intended parents, the egg donor along with the surrogate herself.
Price of Surrogacy in Florida
The approximate price of a gestational surrogacy – start to finish – is $60,000 to $80,000. There are a selection of variables that could result in the cost to search higher or lower. There’s no guarantee how the commissioning of any surrogacy and the payment of varied expenses will result in the birth of any child, or that when a child arrives pursuant with a Gestational Surrogacy Contract (GSC) that child can be an associate in the Commissioning Couple’s (“CC”) family.
These estimated fees and costs are susceptible to change and may change from case to case. These fees and costs are only estimates and actual costs could possibly be about than listed herein. This post is merely meant to provide a general thought of the estimated costs.
Let’s start with some definitions (Fla. Stat. §742.13):
- (1) “Assisted reproductive technology” means those procreative procedures which involve the laboratory handling of human eggs or preembryos, including, although not limited to, in vitro fertilization embryo transfer, gamete intrafallopian transfer, pronuclear stage transfer, tubal embryo transfer, and zygote intrafallopian transfer.
- (2) “Commissioning couple” means the intended mothers and fathers of the child that will be conceived by using assisted reproductive technology while using eggs or sperm of at least one of the intended parents.
- (3) “Egg” means the unfertilized female germ cell.
- (4) “Fertilization” means the initial union of your egg and sperm.
- (5) “Gestational surrogate” means a lady who contracts to be pregnant through assisted reproductive technology without using an egg from her body.
- (6) “Gestational surrogacy” means circumstances that results coming from a process in which a commissioning couple’s eggs or sperm, or both, are combined vitro along with the resulting preembryo is implanted within another woman’s body.
- (7) “Gestational surrogacy contract” means a written agreement relating to the gestational surrogate plus the commissioning couple.
- (8) “Gamete intrafallopian transfer” means the direct transfer of eggs and sperm in to the fallopian tube just before fertilization.
- (9) “Implantation” means the big event that occurs when a embryo adheres towards uterine wall for nourishment.
- (10) “In vitro” is the term for a laboratory procedure performed in a artificial environment outside a female’s body.
- (11) “Ex vivo fertilization embryo transfer” means the transfer of your in vitro fertilized preembryo in to a woman’s uterus.
- (12) “Preembryo” means the product of fertilization of your egg by a sperm before the appearance from the embryonic axis.
- (13) “Pronuclear stage transfer” or “zygote intrafallopian transfer” means the transfer of the in vitro fertilized preembryo in to the fallopian tube before cell division occurs.
- (14) “Sperm” means the male germ cell.
- (15) “Tubal embryo transfer” means the transfer of the dividing, in vitro fertilized preembryo into the fallopian tube.
With this in mind, the approximate fees and costs, as well as the times these are due, about, are listed below:
- Surrogacy Agency Fees:
Upon the CC’s signing on the Contract for Services with Life Through Surrogacy, Inc. (LTS), a non-refundable payment of $3500 is because of LTS. At the same time, a different non-refundable intake fee/advertising recovery fee $500 is due to LTS.
Upon CC’s acceptance of match with a Gestational Surrogate or Prospective Gestational Surrogate (“GS”) a non-refundable payment of $3950 is a result of LTS. While doing so, a deposit of $500 to LTS for miscellaneous unforeseen costs. Any unused balance of the miscellaneous unforeseen costs deposit will be refunded at termination of contract. Concurrently, a deposit of $500 to LTS for uncovered or additional transportation costs, if any. Any unused balance in the additional transportation costs deposit will probably be refunded at termination of contract.
- Attorney Fees:
LTS seriously isn’t an attorney and does not dispense legal advice. The CC have to have a legal representation, which should cost approximately $6500 – $7500. This amount should cover the drafting, negotiating and reviewing in the GSC, and any/all court proceedings in a routine gestational surrogacy.
The GS herself (and her spouse, if applicable) will need legal representation for writeup on the Gestational Surrogacy Contract. The going rate for such representation is $1000, which is bourne with the CC.
- Escrow Agent:
The CC may wish to run several of the disbursements as possible through an escrow agent. An escrow agent with surrogacy experience charge approximately $1500 due to this service.
- In Vitro Fertilization:
The prices of IVF may be around $20,000 to $35,000. depending on clinic used, number of transfer attempts, and medicines.
Surrogate’s Living Expense Reimbursement:
The GS’s living expense reimbursement is approximately $25,000 To get a first-time surrogate with health insurance or $20,000 without medical care insurance. Surrogates that has a positive surrogacy experience get a higher living expense reimbursement, i.e. $30,000 to $35,000.
The GS’s bills are reimbursed starting with the commencement of medications after which at various times ahead of the confirmation of pregnancy (if applicable), after which periodically throughout the pregnancy. See Approximate Surrogate’s Living Expense Reimbursement Schedule below.
Surrogates receive additional living expense reimbursement in the volume of $2,000 whenever they deliver by Caesarean section. Such additional amount pays within the final disbursement to the GS. If your GS is carrying and delivers multiples (i.e. twins, triplets or higher), her living expense reimbursement is increased by $5,000 per multiple following first baby carried. This additional sum is divided during five months of disbursements.
Lost Wages: Lost wages, when applicable, will be based around the GS’s net pay, as confirmed by her pay stubs. Lost pay are going to be reimbursed for time missed from work as a result of doctor appointments in case the GS is wear bedrest by her doctor. The GS is going to be reimbursed first week of lost wages for any vaginal delivery and 2 weeks of lost wages following a C-section.
Housekeeping: Should the GS is assumed bed rest by her doctor a housekeeping allowance of $75 per week will probably be provided to cover these expenses.
Childcare: Should the GS is don bedrest possesses young kids, an affordable amount for childcare expense shall be reimbursed.
Living Expense Reimbursement Connected with Transfer: The GS is reimbursed $500 right at that moment she begins the medications essential to effect the Gestational Surrogacy (including a “mock cycle,” if necessary). Marriage ceremony of any/every actual transfer attempt, the GS is reimbursed $500. These sums aren’t area of the Living Expense Reimbursement as referenced elsewhere herein.
Maternity Clothes: At 12 weeks of childbearing the surrogate will receive $300 for maternity clothes. At 24 weeks of pregnancy the Surrogate will receive an additional $300 for maternity clothes.
Medical Expenses: Medical and laboratory expenses depends on which medical providers the CC has chosen. LTS requires a psychological evaluation for both the CC along with the GS. These fees are paid straight away to the provider, which enables it to run from $350 to $1000.
Health insurance to the GS is around $500 – $650 month as needed. Should the GS doesn’t arrive at the procedure along with her own medical care insurance in situ to pay the cost of getting pregnant there are insurance options and flat-fee arrangements with medical care providers. When the GS has her very own insurance it’ll sometimes cover the cost of delivery. When the insurance provider denies claims or coverage the CC is contractually in charge of all medical costs. Additionally, the CC is answerable to all medical co-pays, deductibles and almost any non-covered expenses.
Life Insurance is around $350, which might cover a $500,000 term policy for your GS’s family in the event that the GS perishes in the surrogacy process. (The premiums are different dependant on age and location of Surrogate and other factors.) The premium amount is put in escrow and then released on the GS to pay for the insurance policy. A policy can be renewed for the expense from the CC when the GS is pregnant at the time of the insurance policy’s lapse.
Lasting Care insurance policies are approximately $600. A permanent care policy is required to pay the rare event of your grave and unexpected medical complication. In case it becomes essential to place the GS in a very long-term care facility caused by severe complications while using the pregnancy or delivery, her care will probably be provided for.
Additional Miscellaneous Expenses:
Pre-match expenses for instance copies of medical records, start of medical care insurance, start of life insurance coverage or other miscellaneous expenses may be advanced by LTS. When this occurs, these expenses shall be reimbursed to LTS with the CC at the time the contract is signed between GS as well as the CC.
Approximate Surrogate’s Living Expense Reimbursement Schedule
Basic GS’s living expense reimbursement: $25,000.00
$500.00 – Positive pregnancy screen (verified by blood test 10-a fortnight after transfer)
$1,000.00 – 2 months (ultrasound confirmation)
$1,000.00 – 12 weeks
$1,500.00 – 16 weeks
$2,000.00 – 20 weeks
$2,000.00 – 24 weeks
$3,000.00 – 28 weeks
$3,500.00 – 32 weeks
$3,500.00 – 36 weeks
$7,000.00 at positive DNA
$5,000.00 for each and every multiple beyond Baby #1
$2,000.00 for C-section
* These costs, fees and reimbursements were made to remain consistent with those allowed by Florida Statutes §742. Further, the non-LTS approximate costs and estimates described herein do not constitute a proposal by Life Through Surrogacy, Inc., for provision of the services. Surrogacy is really a relatively recent and unsettled perhaps the law. No guarantees can or will be made as to the outcome of your or any case.
Genetic (Traditional) Surrogacy In Florida
The portion of Florida law that permits and outlines the genetic surrogacy procedure is described in Florida Statute 63.212(1)(i). This law provides which a couple wanting to get into this arrangement must sign a having a surrogate on her to cart the biological child in the intended father. The surrogate agrees that upon birth, the intended couple will obtain custody and later adopt the little one. Signed consents are needed just before birth and so are be subject to revocation within one week after birth (towards best of my knowledge, an inherited surrogate has not experimented with rescind an itemized agreement inside state of Florida). In the main, the process of adoption with genetic surrogacy is an simple and easy , reliable procedure.
Unlike the few states that enable genetic surrogacy, no fee or compensation may be paid on the surrogate. This tends to save the intended parents hundreds and hundreds of dollars! Expenses, including reasonable bills are made towards the genetic surrogate no matter the final pregnancy outcome.
Gestational Surrogacy In Florida
The a part of Florida law that permits and outlines the gestational surrogacy procedures is described in Florida Statute 742.15. This law states a couple wanting to start such an arrangement must sign a legal contract that has a gestational surrogate to carry children. Upon the little one’s birth, the surrogate will then deliver custody on the intended couple. No consent besides the original written agreement is important. The agreement is reviewed because of the Court to verify that it’s relative to legal requirements making sure that a different and accurate birth record could be issued. This procedure is much simpler and less risky than an adoption.
Usually, the intended couple pays reimburses the gestational surrogate for reasonable living expenses, pregnancy and delivery costs. Yet again, no actual compensation is permitted in Florida, that may save the intended parents tens of thousands of dollars.
Florida is among the best places in the world in making the want family a real possibility. The existing statutes that protect everyone concerned in surrogacy and egg donation processes together with the pleasantries of any vacationers’ paradise, it’s not strange Florida is rapidly becoming the desired area for surrogacy and egg donation procedures.
If you’d like for more information on the legal issues with surrogacy or egg donation while they may pertain to you, It’s encouraged which you to take into account legal consultation. You will discover just a several attorneys familiar with the laws and procedures specific to surrogacy and egg donation in Florida. What the law states firm, Harold S. Eskin, P.A., spent some time working therein field of law since 1994, when Dr. Sweet developed the first egg donation and surrogacy put in Southwest Florida.
Florida Surrogacy Agencies
Addison & Frankie Surrogacy Agency
Surrogacy and Egg Donation Services
Advocates for Surrogacy
Surrogacy and Egg Donation Services
Surrogacy and Egg Donation Services
Charlotte H. Danciu, P.A.
Delray Beach, FL
Surrogacy and Egg Donation Services
Families through Surrogacy
Surrogacy and Egg Donation Services
Heartfelt Adoption & Surrogacy Services
Eustis & Tampa, FL
Surrogacy, Egg Donation & Adoption Services
Little Blessings Surrogacy Consultants, Inc.
Open Arms Consultants Inc.
Surrogacy and Egg Donation Services
Our Fairy Godmother
Egg Donation Services
Stork Surrogacy International, LLC
Florida Surrogacy Law
By: Susan Stockham, Attorney at Law
The following summary is only meant as an overview of the existing law in Florida and not as the dispensing of legal advise. It is not meant to provide specific answers to your questions or to act as a substitute for the hiring of a lawyer to represent you in these cases. Florida law clearly provides for the parties to each hire their own attorney to represent them in these matters.
Florida has very favorable surrogacy/gestational carrier statutes that recognize contracts for traditional surrogates, egg donors, sperm donors and gestational carriers. All parties participating in these contracts must be at least 18 years of age.
Contracts for Donor of Egg, Sperm and Pre-embryos
These contracts are legal in Florida. The contract itself can require the relinquishment of all maternal or paternal rights and obligation of the resulting child(ren). Florida permits only reasonable compensation directly related to the donation. Florida Statute 742.14.
Contracts for Gestational Carrier
These contracts are also permitted in Florida. The statutes specifies the provisions which must be included in order for the contract to be enforceable. The contract will only be enforceable if the ‘commissioning couple’ (the intending parents of the child) be over the age of 18, married to each other, and that a physician licensed in Florida has determined that, ‘within reasonable medical certainty’: 1) the commissioning mother cannot physically gestate a pregnancy to term; 2) the gestation will cause a great risk to the physical health of the commissioning mother; 3) the gestation will cause a risk to the health of the fetus. The statute further requires the contract to include that the gestational carrier be over the age of 18, that she agree to submit to reasonable medical evaluation, treatment and prenatal care, that she retain the sole consent with respect to the clinical intervention and management of her pregnancy, that she relinquish her parental rights of the child upon the birth of the child and assist the commissioning couple in the birth certificate proceeding. The Statute also requires that if either or both of the commissioning couple is the biological parent of the child ‘the couple agrees to accept custody of and assume full parental rights and responsibilities of the child immediately upon the child’s birth regardless of any impairment of the child.’
Florida requires the commissioning couple and the treating physician to enter into a written agreement that provides for the disposition of the commissioning couple’s eggs, sperm, and pre-embryos in the event of divorce, the death of a spouse, or any other unforeseen circumstance. In the event there is no written agreement, the Statute presumes that the egg or sperm shall remain under the control of the donor and the disposition of any pre-embryo shall reside jointly with the commissioning couple. In the event of death of one of the parties, the surviving member of the commissioning couple shall remain in control of any egg, sperm or pre-embryos. However, the Statute adds that ‘a child conceived from the eggs or sperm of a person or persons who died before the transfer of their eggs, sperm, or pre-embryos to a woman’s body shall not be eligible for a claim against the decedent’s estate unless the child has been provided for by the decedent’s will.’
Florida permits expenses for medical, legal, psychological, psychiatric care and ‘reasonable living expenses’ of the gestational carrier to be provided by the intending parents of the child. Although these amounts are not clearly defined, they must pass the ‘reasonable’ standard in court in order for the contract to be valid. Florida law, like most other states, clearly prohibits the buying and selling of children and although the child created herein is not biologically related to the party receiving the finances, this matter has never been tested in the courts. The medical, legal and other expenses for this type of arrangement are expensive. Parties should enter these agreements with the expectation of helping a family create a child and having reasonable expenses incurred in that process reimbursed and not with the expectation of how much money can be paid for their services. Fortunately most parties entering into these arrangements do so for all the right reasons and an excellent bond is formed between the two families that last long after the birth of the child.
Florida is one of only two states that has codified the birth certificate process enabling couples to establish their parental status of the child without a parternity/adoption process. The law’s unique procedure permits the commissioning couple, within three days after the birth of the child, to petition for a birth certificate with their names as the biological parents of the child. This dispenses with the problems incurred in many states where the commissioning couple is actually forced to ‘adopt’ their own biological child in order to have their names put on the birth certificate. Gestational Carrier arrangements are an excellent alternative for couples who can create a viable embryo, or who, in combination with a egg or sperm donor can create a viable embryo. They are also more acceptable to more women wanting to assist couples in creating their own families in that the child they are carrying is not biologically related to them and thus they do not have some of the issues of loss associated in the giving away of a child created from their egg.
Contracts for Traditional Surrogacy
The requirements for Pre-planned Adoption Agreements, as traditional surrogacy contracts are referred to in Florida, are contained in Florida Statutes 63.212. Preplanned Adoption Agreements shall not ‘effect the final transfer of custody of a child or final adoption of a child, without review and approval’ by the Department of Health and Rehabilitative Services (DHRS) and the court and must comply with other provisions of Florida’s adoption laws. Secondly the consent of the surrogate to place her child for adoption with the intending parents can be executed at the time of entering into the Preplanned Adoption Agreement but is not considered binding until seven days after the birth of the child. Her right to rescind within the seven day period following birth must clearly be made aware to her.
The Preplanned Adoption Agreement shall include, but need not be limited to the following:
1) That the surrogate (referred to in the statute as the voluntary mother) agree to become pregnant by the fertility technique specified in the agreement. This has been defined in the statute as ‘artificial embryonation, artifical semination, whether in vivo or in vitro, egg donation, or embryo adoption.’ The surrogate further agrees to bear the child and to terminate her parental rights to the child through a written consent executed at the time of entering the agreement with the conditions as stated above.
2) The surrogate agrees to obtain reasonable medical care during the pregnancy and to adhere to reasonable standards of prenatal care, abstain from drinking, smoking, consumption of excess caffeine, etc. These standards of care can be incorporated into the contract and in fact it is recommended that they be as well as the parties clearly discuss them before entering into the agreement to make sure everyone has the same expectations as to reasonable prenatal care.
3) The surrogate acknowledges that she is aware that she will assume parental rights and responsibilities for the child if the intended father and mother terminate the agreement before final transfer of custody is completed, or if a court determines that the intended parent who was to be the biologically-related parent is not the biological parent, or if the court does not approve the Preplanned Adoption Agreement.
4) The intended father, if also the biological father, acknowledges that he is aware that he will assume parental rights and responsibilities for the child if the agreement is terminated for any reason by any party before final transfer of custody is completed or if the Agreement is not approved by the court.
5) The intended parents must both acknowledge that they may not receive custody or parental rights of the child if the surrogate terminates the Agreement or if she rescinds her consent to the stepparent adoption within seven days after the birth of the child.
6) The intended parents may agree to pay all reasonable legal, medical, psychological, or psychiatric, and reasonable living expenses of the Surrogate.
7) The intended parents agree to accept custody of and assert full parental rights and responsibilities of the child immediately upon the child’s birth, regardless of any impairments of the child.
8) The intended parents have the right to specify the blood and tissue type test to be performed to determine that at least one of them is the biological parent of the child.
9) The Agreement must state that it can be terminated at any time by any party.
A Preplanned Adoption Agreement may not include any provisions that would reduce the amount paid paid to the Surrogate if the child is stillborn or is born impaired or provide for a bonus payment for any reason, such as the delivery of a healthy child. It also prohibits the inclusion of any provision requiring the Surrogate to terminate the pregnancy.
These are the minimum requirements of the Statute. They obviously raise many questions which can further be elaborated in the Agreement, along with additional provisions agreed to by the parties. Separate legal representation is required for the Surrogate and intended parents. A paternity hearing is held after the birth of the child in the State where the child is born followed by a stepparent adoption in the state where the couple resides. If the adoption proceeding is filed in Florida, each Petition for Adoption filed pursuant to a preplanned adoption agreement must clearly state so in the petition and must attach a copy of the agreement to be reviewed by the court.
Assisted Reproductive Technology Service (ARTS) is a relatively new area of practice not only for the lawyers but also for many clinics and doctors. It raises many issues legally, medically and ethically. I suggest a thorough perusal of the many article on the TASC web site www.surrogacy.com that addresses these issues before one invests their finances, emotions and body in this procedure. Since many state have yet to recognize this procedure statutorily, or to accept these contracts, I recommend that at least one of the parties reside in a State that does, or that you use a clinic in a State that has favorable, clearly-defined laws on this subject to establish a nexus for use of that State’s laws.
The most important element to a successful surrogate/gestational carrier case is having both parties enter into an enforceable agreement with a full and clear expectation as to everyone’s role and responsibility, beginning with meeting or not meeting one another, disclosure of lab tests and psychological tests, number of attempted trials until a pregnancy is achieved, the care and contact of parties during the pregnancy, the parties’ views on abortion and under what circumstances, if any, the parties would mutually agree to terminate a pregnancy, discuss and spell out provisions to resolve changes in circumstances, such as multiple births, or handling of disagreements as they arise, when and how the finances are to be handled and dispersed, whether all funds or what portion of the funds are to be held in trust, how custody of the child is to be resolved if circumstances such as death or divorce occurs prior to the birth of the child, and what are the parties’ expectations for future contact.
These arrangements are wonderful and incredibly successful alternatives to many families with infertility problems, but these arrangements should not be entered into lightly, especially between family members or close friends where these issues are often not discussed. Through this web site, the resources are now available for you to become educated before you enter into such an arrangement.
NOTE: THE OBSERVATIONS ABOVE ARE RESTRICTED SOLELY TO THE STATE OF FLORIDA, AS OF THE DATE WRITTEN. THE LISTING IS BY NO MEANS EXHAUSTIVE, NOR TAILORED TO THE PARTICULAR FACTS OF ANY GIVEN SITUATION.
ANY REVIEWER OR POTENTIAL USER OF THIS INFORMATION IS ACTIVELY ENCOURAGED TO SEEK COMPETENT LEGAL COUNSEL WHO IS LICENSED TO PRACTICE LAW IN REVIEWER’S STATE OF RESIDENCE.
THE AUTHOR IS NOT QUALIFIED TO COMMENT ON THE LAW OF ANY STATE OTHER THAN FLORIDA. BY MAKING THIS INFORMATION AVAILABLE, THE AUTHOR IS NOT ESTABLISHING A LAWYER-CLIENT RELATIONSHIP WITH THE REVIEWER.