742.15
Gestational surrogacy contract.
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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
(c) The gestation will cause a risk to the health of the fetus.
(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.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 2000–2024 · leading case: Raftopol v. Ramey
Raftopol v. Ramey (2011)
“See Fla. Stat. Ann. § 742.15 (4) (West 2010); Opinions, Kan.”
Lowe v. Broward County (2000)
“102); the right to enter into a gestational surrogacy agreement (Fla.Stat. § 742.15(1)); distribution rights in *1206 homestead property ( Fla.”
D.M.T. v. T.M.H. (2013)
“See § 742.15(1), Fla. *343 Stat. (2008). In the assisted reproductive technology statute, however, the Legislature did not include an additional marriage requirement regarding an exemption from the relinquishment of parental rights with respect to the donation of eggs, sperm, or…”
A.H.W. v. G.H.B. (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b).”
T.M.H. v. D.M.T. (2011)
“We find it very interesting that the author later cites to section 742.15, Florida Statutes, which addresses surrogacy contracts, as such a rule, thus placing Florida squarely in the category of jurisdictions that should decide the issue of motherhood based on the intent of the…”
Ahw v. Ghb (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b). The commissioning…”
Tmh v. Dmt (2011)
“We find it very interesting that the author later cites to section 742.15, Florida Statutes, which addresses surrogacy contracts, as such a rule, thus placing Florida squarely in the category of jurisdictions that should decide the issue of motherhood based on the intent of the…”
Angel Givoanni Rivera and Ashley Nicole Isabel Brito v. Jennifer Salas (2024)
“14 (relinquishment of maternal or paternal rights by the donor of sperm, eggs, or preembryos); § 742.15 (contract required for surrogacy); § 742.”
— 742.15(1) — 2 cases
Lowe v. Broward County (2000)
“102); the right to enter into a gestational surrogacy agreement (Fla.Stat. § 742.15(1)); distribution rights in *1206 homestead property ( Fla.”
D.M.T. v. T.M.H. (2013)
“See § 742.15(1), Fla. *343 Stat. (2008). In the assisted reproductive technology statute, however, the Legislature did not include an additional marriage requirement regarding an exemption from the relinquishment of parental rights with respect to the donation of eggs, sperm, or…”
— 742.15(3)(a) — 2 cases
A.H.W. v. G.H.B. (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b).”
Ahw v. Ghb (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b). The commissioning…”
— 742.15(3)(d) — 2 cases
A.H.W. v. G.H.B. (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b).”
Ahw v. Ghb (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b). The commissioning…”
— 742.15(3)(e) — 2 cases
A.H.W. v. G.H.B. (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b).”
Ahw v. Ghb (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b). The commissioning…”
— 742.15(4) — 2 cases
A.H.W. v. G.H.B. (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b).”
Ahw v. Ghb (2000)
“The contract must recite that the gestational surrogate will be the only one with the power to consent to clinical intervention in the pregnancy, but that she will agree to submit to reasonable medical evaluation and treatment. F.S.A. § 742.15(3)(a) & (b). The commissioning…”
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