How to Become a Surrogate in Florida

What makes Florida different

Florida passed its gestational surrogacy statute in 1993 — one of the earlier ones in the country — and the law has barely changed since. For you as a surrogate, three things matter:

• A statute, not just court habit. §742.15 spells out who can enter a gestational surrogacy contract and what it must say. That's more predictable than states where each judge decides.
• The marriage rule is about the intended parents. The statute calls them the "commissioning couple" and requires them to be legally married to each other. The only statutory requirement on you is that you're at least 18. Single surrogates qualify.
• No state income tax. Florida doesn't tax personal income, so none of your compensation goes to the state.

The part that surprises people: Florida's statute doesn't provide a pre-birth order. The court step happens in the days after birth, and it's the intended parents' step, not yours. Details below.

Florida surrogate requirements

The statute sets one requirement for the surrogate — age 18 or older. Everything else on this list is agency policy, and it's the same core screen agencies use everywhere; the full surrogate requirements guide explains each item.

• Age 21–39 for a first journeyThe statute says 18+; agencies set 21. Some extend to 42 for experienced surrogates.
• BMI under 32Clinic decision; a few accept up to 34.
• At least one healthy, full-term pregnancy and deliveryAgency policy, not statute.
• Raising at least one child of your own
• Married or single — either is fineFlorida's marriage requirement applies to the intended parents (§742.15), not to you.
• Non-smoker, no drug use, no alcohol misuse
• Financially stable — not currently receiving cash public assistance (TANF)
• A partner, family member, or friend who backs your decision

Florida surrogacy law at a glance

The Florida surrogacy legal process

Here's the sequence under §742.15 and §742.16, in plain language:

1. Eligibility. The intended parents must be legally married. The statute also requires a doctor's finding that the intended mother can't carry a pregnancy, or that doing so would risk her health or the baby's (§742.15(2)). You must be 18 or older.
2. Gestational surrogacy contract. In writing, signed before the embryo transfer, covering medical care, decisions, and payment. Having your own attorney isn't spelled out in §742.15, but it's standard practice, and partner agencies pay for it. Don't sign without one.
3. Payment under the statute. §742.15(4) describes payment as reasonable living, legal, medical, psychological, and psychiatric expenses. Florida agencies structure compensation packages within that framework. Ask a Florida attorney to explain how your contract handles it — it matters for how your money is protected.
4. Screening and transfer. At the intended parents' clinic, in Florida or elsewhere.
5. Pregnancy. Base pay in installments after heartbeat. No mid-pregnancy court filing under the statute, though some attorneys seek a pre-birth order in circuits that grant them.
6. After birth. Within 3 days, the intended parents petition the court for an affirmation of parental status (§742.16). The court holds a short hearing, issues the order, and the birth certificate is amended to name them. That step is theirs.

Single and same-sex intended parents in Florida

This is where most Florida pages go vague. The honest version:

• Married same-sex couples are a "commissioning couple" under §742.15, since marriage is marriage after the 2015 Obergefell decision. Attorneys treat them the same as any married couple; have yours confirm.
• Single intended parents and unmarried couples can't use §742.15. The usual Florida route is a preplanned adoption agreement under §63.213. It's a real, legal path, but a different one — the paperwork, the timeline, and what happens right after birth all differ from a §742.15 contract. Get a Florida attorney to walk you through those differences before you match, including how your compensation is protected.

Family Makers has matched surrogates with both kinds of families and can tell you what the legal plan would look like before you commit.

Florida surrogate compensation

Two numbers, and they're different. Base pay is guaranteed and paid in installments once a heartbeat is confirmed. Typical total adds allowances and contingent fees that only pay if something happens — a transfer attempt, a C-section, twins, bed rest. Here's Florida against the national partner range:

See how Florida compares to every state, and how a package is built for what each line means.

No state income tax

Florida has no personal income tax. That's real money kept, but it's easy to overstate: federal tax still applies to the taxable part of your compensation, and nobody withholds it for you. Set aside a share of each payment and talk to a CPA who has handled surrogacy pay. Our surrogate taxes guide covers what's usually taxable and what usually isn't.

Your Florida partner agency

Family Makers Surrogacy (Atlanta) works with surrogates in every state except Texas, Louisiana, Nebraska, and New York — including Florida, where it's the most active agency in our network for the Southeast.

Where Florida surrogates live

• Miami and South Florida. A large share of Florida's intended parents, including many from outside the US. That can mean video calls across time zones and parents who fly in for milestones rather than living nearby. Ask how communication works before you match.
• Tampa Bay. Active surrogacy community and several fertility clinics, so monitoring is usually local.
• Orlando. Growing market with multiple clinic options within a short drive.
• Jacksonville and North Florida. Clinic options exist locally; some matches send you south for screening and transfer, with travel paid.

What Florida surrogates wish they'd known

• You don't have to be married. If someone told you Florida requires it, they read the statute wrong. The marriage rule binds the intended parents.
• The court step is after birth, and it's theirs. The intended parents file within 3 days of delivery. You may sign an affidavit; you generally don't attend.
• Plan monitoring around the heat and the season. Early-pregnancy monitoring means frequent early-morning appointments. In summer that's a hot commute; in hurricane season it can mean a rescheduled ultrasound or a clinic closed for a day. Build slack into your calendar and ask the clinic about its storm policy.
• Federal tax is still real. No state tax feels like a raise until April. Set money aside from every payment.
• You should never be out of pocket. Family Makers reports $0 out-of-pocket for approved expenses. If a bill lands on you, call your coordinator the same day.

Fertility clinics in Florida

The intended parents' clinic is where your screening and transfer happen; you don't choose it. South Florida, Tampa Bay, and Orlando all have established IVF clinics, and some Florida surrogates are matched with intended parents whose clinic is out of state (travel paid). Ask the agency which clinics they work with most and how far you'd travel for monitoring.

Typical Florida timeline

1. Months 0–3

   Application and screening

   Application, records, background check, medical and psychological screening. Two to three months.

2. Months 3–6

   Matching

   One to four months, depending on your preferences and the pool of intended parents.

3. Months 6–8

   Legal contract

   Four to eight weeks with your own attorney. Longer if the intended parents use the preplanned-adoption route.

4. Months 8–10

   Medications and transfer

   One to two months. Often more than one attempt; each pays a transfer fee.

5. Months 10–19

   Pregnancy

   Base pay in monthly installments after heartbeat. No statutory court filing mid-pregnancy.

6. +1–2 months

   Delivery and postpartum

   Final payment, recovery. The intended parents file for affirmation of parental status within 3 days of birth.

Total: roughly 15–20 months for a first journey. Florida's statute keeps the contract phase predictable; unusual family configurations can add legal time.

Frequently asked questions