The Cove state guide
Statutory frameworkFlorida has two statutory routes used for surrogacy arrangements. Section 742.15 covers qualifying married commissioning couples, while §63.213 provides a separate preplanned-adoption route used for single parents, unmarried couples, or families using wholly donated embryos.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Single intended parents do not fit the married-couple contract route in §742.15. Florida fertility lawyers use the separate preplanned-adoption framework in §63.213 where appropriate. That route requires its own agreement and court process; the 2026 foreign-country restrictions also apply, so single-parent eligibility is not an unconditional yes.
Sources 125Unmarried intended parents fall outside §742.15’s express marriage requirement. Counsel may structure a journey under §63.213 instead, including the adoption and parentage steps needed for each partner. Resolve that distinction before signing: using a gestational carrier does not automatically make the married-couple statute applicable.
Sources 125Florida fertility attorneys report securing parentage for gay couples, including a non-genetic father. The statute still uses gendered medical-necessity wording, so counsel must confirm the applicable contract and court route rather than assume marriage alone resolves it. Unmarried couples generally require consideration of the §63.213 pathway.
Sources 651Married lesbian intended parents can pursue a Florida gestational-surrogacy journey, with counsel addressing §742.15’s medical criteria and at least one intended parent’s genetic connection. Unmarried couples, or couples using wholly donated embryos, need evaluation of the separate §63.213 route. Confirm legal recognition of both intended mothers.
Sources 5612Since July 1, 2026, Florida bars covered agreements involving a citizen or resident of a statutory foreign country of concern. The restriction covers both §742.15 contracts and §63.213 preplanned adoptions. Other foreign parents still need eligibility and jurisdiction review; a Florida parentage order does not itself resolve nationality, immigration, or home-country recognition.
Sources 124How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
Section 742.15 requires the commissioning couple to be legally married and both adults. Section 63.213 is a separate route used in practice for single or unmarried parents. Ask which statute governs your agreement and what proceedings establish each parent’s rights.
The §742.15 route depends on at least one commissioning parent being genetically related to the child. A wholly donated embryo requires a different legal analysis, commonly under §63.213. Medical-necessity requirements and donor paperwork should be settled alongside, not after, the genetic plan.
Foreign parentage is not categorically excluded, but citizenship or residence in a country listed by §286.101 now triggers specific prohibitions. The statute names China, Russia, Iran, North Korea, Cuba, the Venezuelan regime of Nicolás Maduro, and Syria. Counsel should check every party’s circumstances and current definitions.
The agreement must satisfy the chosen route’s requirements, including §742.15’s marriage, medical, and genetic criteria. The 2026 foreign-country restrictions apply to both routes and require checking each party’s citizenship and residence.
For a qualifying §742.15 arrangement, the commissioning couple petitions for expedited affirmation within three days after birth. A pre-birth order may help hospital arrangements but does not replace the statutory post-birth step. The §63.213 route has different adoption and court-approval requirements.
Section 742.15 limits payments to reasonable pregnancy-related living, legal, medical, psychological, and psychiatric expenses. Section 63.213 separately permits specified expenses, lost wages, and reasonable compensation for inconvenience, discomfort, and medical risk; counsel must apply the rules for the chosen route.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
