In Gestational Surrogacy, the surrogate is carrying a child or children without contributing an egg from her body. Through in-vitro fertilization, another woman’s fertilized egg or embryo, either the Intended Mother’s or an egg donor’s, is transferred to the surrogate’s uterus for gestation.
Therefore, the surrogate mother is not the genetic mother.
Florida is one of a handful of states that has a statute that specifically deals with gestational surrogacy. The statute provides that the gestational carrier has no rights to custody of the child or children she is carrying.
In addition, the Intended Parents must take custody of any child or children that the gestational carrier delivers as long as a genetic link to the Intended Parents is established.
