Egg Donation In Florida: A Safe Haven
by Harold Eskin, Esq. and Craig R. Sweet, M.D.

Florida has long been a great place for people looking for sun, warmth and relaxation. Now, Florida is also a wonderful, safe and successful location for couples that wish to expand their families through the procedures of surrogacy and egg donation.


Why Florida?
The laws in Florida make the processes of surrogacy and egg donation affordable and less prone to legal difficulties. Only a handful of states, and even fewer countries in Europe and around the world, have laws allowing surrogacy or egg donation. In fact, many states and countries worldwide ban these practices altogether.
Florida has some of the most comprehensive and progressive laws existing today that protect the baby, the intended parents, the egg donor and the surrogate herself.


Types of Surrogacy Available
Two kinds of surrogacy have been recognized in Florida law: Genetic (commonly described as “traditional”) surrogacy and Gestational surrogacy.

Genetic surrogacy is where the surrogate contributes her own egg (genetic material) to the creation of the embryo. The pregnancy is usually achieved by artificial insemination. The genetic surrogate then carries and delivers the baby.

Gestational surrogacy is where the surrogate does not contribute her genetic material to the creation of the embryo; the egg and sperm originate from the intended parents. The pregnancy is achieved through in vitro fertilization (IVF) and embryo transfer. The gestational surrogate then carries and delivers the pregnancy but does not have a direct genetic investment in the baby.


Genetic (Traditional) Surrogacy In Florida
The section of Florida law that permits and outlines the genetic surrogacy procedure is described in Florida Statute 63.212(1)(i). This law provides that a couple wishing to enter into such an arrangement must sign an agreement with a surrogate for her to carry the biological child of the intended father. The surrogate agrees that upon birth, the intended couple will obtain custody and later adopt the child. Signed consents are required prior to birth and are subject to revocation within seven days after birth (to the best of my knowledge, a genetic surrogate has never tried to rescind a written agreement in the state of Florida). In general, the adoption process with genetic surrogacy is an easy and reliable procedure.

Unlike the few states that permit genetic surrogacy, no fee or compensation may be paid to the surrogate. This can save the intended parents tens of thousands of dollars! Expenses, including reasonable living expenses are given to the genetic surrogate regardless of the final pregnancy outcome.


Gestational Surrogacy In Florida
The section of Florida law that permits and outlines the gestational surrogacy procedures is described in Florida Statute 742.15. This law states that a couple wishing to enter into such an arrangement must sign an agreement with a gestational surrogate to carry a child. Upon the child’s birth, the surrogate will then deliver custody to the intended couple. No consent other than the original written agreement is necessary. The agreement is reviewed by the Court to confirm that it is in accordance with the law so that a new and accurate birth certificate can be issued. This process is much simpler and less risky than an adoption.

Most frequently, the intended couple pays reimburses the gestational surrogate for reasonable living expenses, pregnancy and delivery costs. Once again, no actual compensation is permitted in Florida, which can save the intended parents tens of thousands of dollars.


Egg Donation In Florida
Florida law permitting and outlining the procedure for egg donation is described in Florida Statute 742.14. This law provides that women may donate their eggs for reasonable compensation directly related to the donation. Once the eggs are donated, the donor relinquishes all maternal rights and obligations to the donated eggs and the resulting children. This statute also equally applies to sperm and embryo donations. No Court procedures are required.

Once again, the fees paid to the donor must be reasonable. Such recent concerns involving “egg auctions” may not be deemed as reasonable compensation here in Florida. By limiting the fees, the costs to the intended couples are also limited.


Summary Comments
Florida is one of the best places in the world for making the dream of family a reality. The existing statutes that protect all parties involved in surrogacy and egg donation processes combined with the pleasantries of a vacationers’ paradise, it’s no wonder Florida is rapidly becoming the desired location for surrogacy and egg donation procedures.

If you would like to learn more about the legal aspects of surrogacy or egg donation as they may pertain to you, It is encouraged that you to consider legal consultation. There are only a handful of attorneys acquainted with the laws and procedures specific to surrogacy and egg donation in Florida. The law firm, Harold S. Eskin, P.A., has worked in this field of law since 1994, when Dr. Sweet developed the first egg donation and surrogacy program in Southwest Florida.

Long-distance consultations can be arranged without difficulty.

Please contact Mr. Eskin at:
Harold Eskin, Esq.

1201 Cape Coral Parkway
Cape Coral, FL 33904
Phone: (239) 549-5551
Fax: (239) 549-4834


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updated 1/12/10

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