Traditionally a Pre-Planned Adoption was utilized only for traditional surrogacies (a surrogacy where the surrogate is genetically related to the child). However, it can also apply to gestational surrogacies. The reason a pre-planned adoption statute would be used for a gestational surrogacy instead of the gestational surrogacy statute, is that the Pre-Planned Adoption statute allows single parents to establish parentage of the child regardless of their biological connection to the child.
This is different than the Gestational Surrogacy statute, which requires that the parents be a married couple. A Pre-Planned Adoption allows for single parents and unmarried couples to have their children through surrogacy under Florida law.
Florida Statute Law 63.213
Traditional Surrogacy & Single Parents
Individuals can have their child via gestational or traditional surrogacy under a Pre-Planned Adoption regardless of genetic connection similarly as for a typical gestational surrogacy, with only a few additional steps. One main difference for traditional surrogacies is that the traditional surrogate has 48 hours after the birth of the child to redact her relinquishment of parental rights. If the surrogate is not genetically related to the child, this 48-hour window does not exist. The exact legal requirements for a pre-planned adoption vary between jurisdictions, so contact the law office for more specific information regarding these requirements.
For unmarried couples having a child via surrogacy through a Pre-Planned Adoption, one parent will establish their parentage through a Pre-Planned Adoption and the second parent will establish their parentage in a subsequent adoption proceeding. This adoption process may vary between jurisdictions, so contact the law office for more specific information regarding the process.
FL Statute 63.213 is the Pre-Planned Adoption statute and addresses both gestational and traditional surrogacy, traditional being where the surrogate is genetically related to the child. Originally, the purpose of this statute was to address those cases where the surrogate was a traditional surrogate and therefore a genetic contributor to the child. However, in time, practice has moved away from traditional surrogacy since 1) the traditional surrogate has 48 hours to revoke her relinquishment of rights and 2) technology has made gestational surrogacy more accessible.
Although originally intended for traditional surrogacies, the statute was later amended to include a surrogate who is NOT genetically related to the child. In the case where the child is not related to the surrogate, the amendment made it clear that there is NO 48-hour revocation period for the surrogate to revoke her relinquishment of the child. The state states, “The volunteer mother’s right to rescind her consent in a preplanned adoption applies only when the child is genetically related to her.”
Significantly, this statute has no marriage requirement for the Intended Parent and therefore is a legal avenue for single parents to have a child via surrogacy. Like the Gestational Surrogacy statute, this statute outlines similar requirements for the contract including that the surrogate must submit to medical evaluation and treatment. Unlike the Gestational Surrogacy statute (FL Statute 742.15), there are a few additional legal steps that may need to be taken at the moment of birth in order to establish the Intended Parent’s parental rights and these can vary between jurisdictions, but overall, the process is very similar. For more details, schedule a consultation with the firm and learn more.