Florida permits gestational surrogacy by statute, but only for married couples who are able to show that the wife cannot carry a child for medical reasons or there would be a danger to the mother or a child during pregnancy.
The court held that application of the statute that required egg donor to relinquish all maternal rights to resulting child violated biological mother's constitutionally protected parental rights to the child, and the form signed by the biological mother did not act as a waiver of her parental rights.
The Supreme Court of Florida held that application of challenged statute to require biological mother to relinquish her parental rights violated due process, statutory differentiation between heterosexual and same-sex couples with respect to requirement that donor of biological material relinquish parental rights violated equal protection; and biological mother did not waive her parental rights by signing standard informed consent form.
