In more than two decades of doing this work, I have rarely met intended parents who started their journey thinking about state law. They come in thinking about embryos, donors, timelines, the surrogate, the clinic, and the child they have been imagining for years. Next to all of that, the question of which state feels like paperwork.
For LGBTQ+ intended parents, I want to gently push back on that instinct.
When two fathers are building a family through gestational surrogacy, or when one parent in a same-sex couple has no genetic connection to the child, the state where the surrogate lives and delivers shapes how clearly that family is recognized from day one. It does not make the family any less real or less complete. It just means the foundation has to be examined before a match is made, not after.
Florida is why I am writing this now.
If you are researching Florida surrogacy laws, LGBTQ+ surrogacy in Florida, or how parentage works when one intended parent is not genetically related to the child, these developments are worth understanding.
Florida remains one of the most active surrogacy states in the United States, with a long standing statutory framework governing gestational surrogacy arrangements. At the same time, recent legal developments have reminded intended parents, particularly LGBTQ+ families and international families, that state specific laws and parentage procedures deserve careful review before a journey begins.
What changed in Florida
Two things happened in 2026, and they are worth understanding separately.
First, Florida enacted legislation effective July 1, 2026, that affects gestational surrogacy contracts involving citizens or residents of certain Florida designated foreign countries of concern. Depending on the facts of a case, a contract that falls within the statute may be void and unenforceable. Most domestic intended parents will never encounter this issue. For international families, dual citizens, and families with cross border considerations, it is a reminder that legal review should happen before contracts are signed, not after.
Second, and more unsettling for many of the families I talk to, a confidential surrogacy case in Broward County became very public. A married same-sex couple from France went to court for what should have been a routine parental rights petition. The judge granted it, but used the order to question whether surrogacy itself is constitutional. Florida’s attorney general then intervened, making arguments that go far beyond one couple. Lawyers
involved in the case have said those arguments, if accepted, could touch donor conception and parts of IVF as well. The case is now in front of an appellate court, and no one can honestly tell you how it ends.
I want to be careful here, because fear travels faster than facts in this field. The child in that case has been with his fathers since birth. Florida journeys are still happening. Nothing about this means every family considering Florida is in trouble.
What it does mean is that the old shorthand, the casual “Florida is fine for surrogacy,” deserves more scrutiny than it used to. Especially if you are an LGBTQ+ couple, an international couple, or a family where one parent is not genetically related to the child.
The questions that deserve answers before you match
Here is what I wish every intended parent asked before falling in love with a surrogate’s profile:
Where does she live? Where will the birth most likely take place? Are we married? Is one of us genetically connected to the child? Is a donor involved? Do either of us have citizenship or residency questions?
None of these questions should make the journey feel heavier. They exist to prevent a much heavier moment later, when a family discovers a complication at thirty-six weeks that could have been addressed at the very beginning.
For a nonbiological parent in a same-sex couple, the difference between one state and another is not academic. In some states, recognizing both parents from the start is a well-worn path. In others, it takes more steps, more time, and more careful planning. You should know which kind of state you are walking into before the match is final, not learn it in a delivery room.
Florida is the reminder, not the whole story
I do not want this to read as an article about avoiding Florida. The real lesson is bigger: surrogacy law in the United States is a patchwork, and what was safely assumed about a state five years ago may need a fresh look today.
California comes up often in these conversations, and for good reason. Its framework is well established and has generally been inclusive when the process is followed properly. Depending on the family, reproductive law counsel may also look at New York, New Jersey, Connecticut, Nevada, Washington, Maine, Delaware, Vermont, or the District of Columbia.
But I will tell you the same thing I tell families in my office: no state is automatically correct. A state can be broadly favorable and still be the wrong fit for your specific situation. The right answer depends on where the surrogate lives, where the baby will be born, whether donor conception is involved, your marital status, citizenship or residency considerations, and whether one or both intended parents have a genetic connection to the child. That is not a list you should sort out alone, and it is not a list anyone should sort out late.
What your agency should be able to tell you
A good surrogacy agency keeps its thumb on legal developments across the country and works closely with experienced reproductive attorneys who focus on parentage and assisted reproduction law.
If the answer is a breezy “don’t worry, it always works out,” keep asking questions. A stronger answer explains when reproductive counsel becomes involved, what issues are reviewed before matching, how the surrogate’s state is evaluated, and whether additional planning may be needed when donor conception, international residency, or a non genetic parent is part of the picture.
For LGBTQ+ families especially, those conversations should happen before a match is finalized. Not because the process needs to become more complicated, but because careful planning creates stability. The goal is for the legal framework, the surrogate, and the intended parents’ circumstances to align long before delivery day arrives.
A note on timing
By the time many families reach surrogacy, they have already spent years making difficult decisions. They have met with doctors, explored treatment options, managed setbacks, and worked through questions that few people outside their circle ever see.
One of the most practical things a family can do is address legal questions early. When parentage planning has been reviewed, when the relevant state laws have been considered, and when experienced reproductive counsel has weighed in, families can focus more of their energy on the journey ahead rather than worrying about surprises later.
That preparation does not eliminate every uncertainty. It does help reduce avoidable ones.
The takeaway
Florida’s recent developments are a concrete reminder that where your surrogacy takes place matters. For LGBTQ+ intended parents, the state question is not administrative. It can affect how clearly your family is recognized the moment your baby arrives.
That is not a reason to be afraid. It is a reason to ask early, bring in reproductive law counsel, and make sure the state, the surrogate, and the parentage plan fit together before anything is final.
A surrogacy journey already holds enough emotion. The legal foundation should not add any.
This article is intended for educational purposes only and should not be considered legal advice. Surrogacy laws vary by state and individual circumstances. Intended parents should consult qualified reproductive law counsel licensed in the relevant jurisdiction before making decisions regarding surrogacy contracts, parentage, embryo transfer, or birth planning.
About the Author
Parham Zar is the founder of Egg Donor & Surrogacy Institute (EDSI), a U.S. surrogacy and egg donation agency that has helped support family building journeys for more than two decades. He works closely with intended parents, surrogates, reproductive attorneys, fertility clinics, and escrow providers throughout the United States and internationally.
Learn more at https://eggdonorandsurrogacy.com
