Surrogacy Lawyer Serving Orlando, FL
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What Florida Law Requires of a Surrogacy Contract
Florida is one of the more workable states in the country for gestational surrogacy — but only if the contract is built correctly from the start. The statute sets specific conditions, and an agreement that misses one of them is not enforceable. As a surrogacy lawyer in Orlando working with intended parents and surrogates and across Central Florida, this is where most of my work happens.
What the Statute Actually Requires
Under Florida’s gestational surrogacy statute, the contract must be signed before the process begins. The surrogate must be 18 or older, and the intended parents must be legally married to each other and both 18 or older. A licensed physician must also certify that the intended mother cannot safely carry a pregnancy to term, or that doing so would put her or the fetus at risk.
As of July 1, 2026, Florida law adds a condition that did not exist before: a gestational surrogacy contract cannot be entered into in this state if any party to it is a citizen or resident of a country the statute designates a “foreign country of concern,” and an agreement signed in violation of that provision is void and unenforceable. If anyone in your match has ties abroad, this needs to be checked before a single document is signed.
If you do not fit the statutory definition — an unmarried individual or an unmarried couple, for instance — Florida provides a separate route through a preplanned adoption agreement. Which path applies to you should be settled before a clinic cycle begins, not after.
After the Birth: Orange County and the Ninth Judicial Circuit
Florida does not issue pre-birth parentage orders. Parentage is confirmed after delivery, on a tight timeline, and that step is what turns your contract into a birth certificate.
The Three-Day Petition
The statute requires the intended parents to petition the court within three days of the birth for an expedited affirmation of parental status. The court may set the hearing immediately after the petition is filed. For a birth in Orlando, that petition goes to Orange County, which sits in the Ninth Judicial Circuit.
Three days is not much time to prepare a petition from scratch, which is why the paperwork should be drafted and ready well before the due date. The families who run into trouble are almost always the ones who left this until the baby arrived.
The statute also allows the court to keep names out of the notice of hearing where privacy is a genuine concern. Not every family needs that, but it is worth knowing the option exists — asking for it in advance is far easier than undoing publicity afterward.
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Facing divorce, custody, or family issues? Mark Sawicki offers compassionate, determined guidance to help you move forward.
Serving Orlando and Central Florida
I am licensed to practice throughout the State of Florida — one of 8 jurisdictions where I hold a license — with offices in Fort Lauderdale and Palm Beach Gardens. Surrogacy in Florida is governed by state statute, so what matters is not how close your attorney sits to Orlando. It is how well they know Chapter 742.
Start With the Agreement — Before the Clinic Cycle Begins
Florida’s statute requires the gestational surrogacy contract to be in place before the process begins. An agreement signed after a transfer has already happened is not the document the statute contemplates, and that timing problem is not something a good draft can fix afterward.
A complete agreement covers what the statute requires — consent and medical decision-making during the pregnancy, relinquishment at birth, the intended parents’ acceptance of custody regardless of any impairment of the child, and the reasonable expenses that may be paid — and then the terms the statute leaves open, which is where the real negotiation happens.
It also has to clear the eligibility conditions before anyone signs: the marriage requirement, the physician’s certification, and, since July 2026, the citizenship and residency restriction. Each side of a match is represented by its own attorney, and that independence is part of what makes the finished agreement hold.
What Makes Mark E. Sawicki, P.A. Different
At Mark E. Sawicki, P.A., we combine business-minded strategy with emotional intelligence to protect both your financial security and your family’s well-being. Unlike big firms where you’re just another case number, Sawicki Law offers:
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Mark E. Sawicki, P.A.
Personal attention & direct access to Mark
Fair and transparent billing – No Hidden Fees Ever
Licensed in 8 jurisdictions including the U.S. Supreme Court
Specialization in high-asset, complex, and LGBTQIA+ divorce
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Frequently Asked Questions About Surrogacy in Florida
Surrogacy law is unusually technical, and the details decide whether an agreement holds. These are the questions Orlando intended parents and surrogates ask me most.
Do intended parents have to be married to use gestational surrogacy in Florida?
Under the gestational surrogacy statute, yes — the intended parents must be legally married to each other and both must be 18 or older. Since marriage equality, that includes same-sex married couples. Unmarried individuals and couples are not shut out of parenthood; they use a different statutory route, a preplanned adoption agreement. My Florida surrogacy agreement page walks through both.
Does Florida issue pre-birth parentage orders?
No. Florida confirms parentage after the birth, through a petition the intended parents must file within three days of delivery, and the court can hear it right away. For a birth in Orlando that means Orange County, in the Ninth Judicial Circuit. In practice it means the petition should be drafted and ready before the due date rather than after.
What changed in Florida surrogacy law in 2026?
As of July 1, 2026, a gestational surrogacy contract cannot be entered into in Florida if any party to it is a citizen or resident of a country the statute designates a “foreign country of concern,” and an agreement signed in violation of that is void and unenforceable. If you are matching internationally, or either side has residency or citizenship abroad, raise it before anyone signs. It is a fast check and an expensive thing to discover late.
Can you represent both the intended parents and the surrogate?
No — and no attorney should. Each side needs independent counsel, and that independence is part of what makes the agreement hold up. Tell me which side you are on when you call. If you are building your family through donor conception as well, my pages on egg donation, sperm donation and assisted reproduction cover those agreements.
How do I choose a surrogacy lawyer in Orlando?
Ask how many gestational surrogacy agreements they have drafted under Florida’s statute, and how they handle the post-birth petition that confirms parentage. Surrogacy is governed by Chapter 742 statewide, so being licensed in Florida matters far more than being on the same street as your clinic. Confirm as well that they screen for the eligibility conditions — the marriage requirement, the physician’s certification, and the citizenship and residency restriction added in July 2026 — before anyone signs. A first consultation here is free and runs twenty minutes.
Client Reviews
Hear from some of our clients.
Toni M.
Google Review
“We cannot thank Mr. Mark Sawicki and the entire team enough for guiding us through the adoption of our precious daughter… their compassion, patience, and unwavering support gave us hope during a journey that could have felt overwhelming… If you’re looking for a family lawyer who combines professional excellence with genuine care, we highly recommend Mark E. Sawicki.”
Ericka M.
Google Review
“I highly recommend utilizing Mark Sawicki for his services! Highly efficient, great professionalism and very effective. Great communication with staff and himself. Great personality, gets things done in an efficient and no nonsense manner…”
Carly B.
Google Review
“My wife and I have been looking to grow our family using a sperm donor and Mark was the sweetest and most informative attorney I’ve spoken to in all of south Florida! He really took the time to educate me on the process and helped me feel more comfortable and confident in my journey. Growing a family in the lgbt community can be frustrating and exhausting however Mark simplified everything and was very reassuring.”
Get a Free 20-Minute Consultation with Mark
Facing divorce, custody, or family issues? Mark Sawicki offers compassionate, determined guidance to help you move forward.