 |
|
|
|
Price
Video
Mass Media
Partners
Contacts
Review
| Surrogacy in different countries | |
 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 Surrogacy Florida |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Surrogacy Florida
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.
26/03/2012
06/03/2012
20/02/2012
30/01/2012
29/11/2011
23/11/2011
20/10/2011
21/06/2011
17/06/2011
10/06/2011
|
||||||||||
|
