Florida Statute 742.15 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.15

742.15 Gestational surrogacy contract.—

(1) Prior to engaging in gestational surrogacy, a binding and enforceable gestational surrogacy contract shall be made between the commissioning couple and the gestational surrogate. A contract for gestational surrogacy shall not be binding and enforceable unless the gestational surrogate is 18 years of age or older and the commissioning couple are legally married and are both 18 years of age or older.

(2) The commissioning couple shall enter into a contract with a gestational surrogate only when, within reasonable medical certainty as determined by a physician licensed under chapter 458 or chapter 459:

(a) The commissioning mother cannot physically gestate a pregnancy to term;

(b) The gestation will cause a risk to the physical health of the commissioning mother; or

(3) A gestational surrogacy contract must include the following provisions:

(a) The commissioning couple agrees that the gestational surrogate shall be the sole source of consent with respect to clinical intervention and management of the pregnancy.

(b) The gestational surrogate agrees to submit to reasonable medical evaluation and treatment and to adhere to reasonable medical instructions about her prenatal health.

(c) Except as provided in paragraph (e), the gestational surrogate agrees to relinquish any parental rights upon the child’s birth and to proceed with the judicial proceedings prescribed under s. 742.16.

(d) Except as provided in paragraph (e), the commissioning couple agrees to accept custody of and to assume full parental rights and responsibilities for the child immediately upon the child’s birth, regardless of any impairment of the child.

(e) The gestational surrogate agrees to assume parental rights and responsibilities for the child born to her if it is determined that neither member of the commissioning couple is the genetic parent of the child.

(4) As part of the contract, the commissioning couple may agree to pay only reasonable living, legal, medical, psychological, and psychiatric expenses of the gestational surrogate that are directly related to prenatal, intrapartal, and postpartal periods.

History.—s. 2, ch. 93-237.

F.S. 742.15 on Google Scholar

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Amendments to 742.15

Arrestable Offenses / Crimes under Fla. Stat. 742.15

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.15.

Annotations, Discussions, Cases:

Cases Citing Statute 742.15

Total Results: 6

Angel Givoanni Rivera and Ashley Nicole Isabel Brito v. Jennifer Salas

Court: District Court of Appeal of Florida | Date Filed: 2024-07-19

Snippet: by the donor of sperm, eggs, or preembryos); § 742.15 (contract required for surrogacy); § 742.16 (petitions

D.M.T. v. T.M.H.

Court: Supreme Court of Florida | Date Filed: 2013-11-07

Citation: 129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Snippet: contrast, in the next statutory provisions, sections 742.15-16, Florida Statutes, which relate to gestational

T.M.H. v. D.M.T.

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 79 So. 3d 787

Snippet: interesting that the author later cites to section 742.15, Florida Statutes, which addresses surrogacy contracts

Tmh v. Dmt

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 79 So. 3d 787, 2011 Fla. App. LEXIS 20502, 2011 WL 6437247

Snippet: interesting that the author later cites to section 742.15, Florida Statutes, which addresses surrogacy contracts

Lowe v. Broward County

Court: District Court of Appeal of Florida | Date Filed: 2000-09-20

Citation: 766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

Snippet: a gestational surrogacy agreement (Fla.Stat. § 742.15(1)); distribution rights in *1206 homestead property

Coleman v. State Ex Rel. Carver

Court: Supreme Court of Florida | Date Filed: 1935-04-05

Citation: 161 So. 89, 119 Fla. 653

Snippet: 16; Craig v. Summers, 47 Minn. 189, 49 N.W. Rep. 742, 15 L. R. A. 236; 2 Bouvier's Law Dictionary 1887.