Legal Question in Family Law in Florida

If My husband gives his sperm to a women who is a serogate mother in India. These women get $5,000 to do this. IF I am married to him and want to be the legal mother how would that work for me to be legally adopt the baby. Because if it is my Husbands sperm and serogate mother in India how can I be considered the legal guardian or mother of the baby? Also if I go another route and adopt a child from vietnam or China then is there an age limit for adoption? Also If we go with the serogate mother will they do a criminal background check?


Asked on 9/26/09, 9:48 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

You'd have to speak with an Indian lawyer about surrogacy law in India. I read warnings on the internet that the practice is risky. If you want to use a surrogate mother in Florida, you should know that surrogacy law in Florida is quite favorable to the adopting parents.

Both China and Viet Nam currently require criminal background checks, but conviction does not necessarily prevent adoption. Both countries consider the type of crime, time of conviction, number of convictions, etc., when deciding whether to allow adoption.

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Answered on 9/28/09, 2:56 pm


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