Surrogacy and Assisted Reproduction

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A bill to be entitled 1
An act relating to surrogacy and assisted 2
reproduction; amending s. 63.213, F.S.; providing that 3
a preplanned adoption arrangement may not authorize 4
certain actions under certain circumstances; revising 5
required and prohibited preplanned adoption agreement 6
terms; requiring certain parties to have independent 7
legal representation by an attorney who meets certain 8
requirements; requiring a clerk of the court to 9
request and obtain certain background investigations 10
of specified parties under certain circumstances; 11
prohibiting the court from approving a proposed 12
adoption of a child under certain circumstances; 13
providing that the biological mother of a child 14
retains all parental rights to the child under certain 15
circumstances; defining the term "disqualified 16
person"; revising and deleting definitions; conforming 17
provisions to changes made by the act; creating s. 18
383.61, F.S.; defining terms; requiring the Agency for 19
Health Care Administration, in consultation with the 20
Department of Health, to adopt certain rules for donor 21
banks and fertility clinics by a specified date; 22
prohibiting a donor bank or fertility clinic from 23
operating without a license; providing an exception; 24
providing that licenses are valid for a specified 25

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timeframe unless suspended or revoked for cause; 26
requiring donor banks, fertility clinics, and certain 27
health care practitioners to develop certain written 28
best practice policies by a specified date; requiring 29
such donor banks, fertility clinics, and health care 30
practitioners to submit such policies to specified 31
entities for annual review; requiring such donor 32
banks, fertility clinics, and health care 33
practitioners to clearly label specified material and 34
maintain all records for a specified timeframe; 35
requiring the agency to perform certain annual 36
inspections; providing administrative penalties for 37
donor banks and fertility clinics that violate certain 38
provisions; authorizing the agency to refer certain 39
violations to the department; requiring fertility 40
clinics to obtain express and informed consent from 41
all participants; requiring fertility clinics to 42
provide a certain written document to participants; 43
specifying the manner in which a participant gives 44
express and informed consent; requiring donor banks 45
and fertility clinics to immediately cease using 46
certain reproductive material under certain 47
circumstances; creating s. 402.89, F.S.; defining 48
terms; requiring surrogacy agencies to require all 49
participants to undergo certain mental health 50

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evaluations; requiring that such evaluations be 51
repeated at specified intervals under certain 52
circumstances; requiring surrogacy agencies to require 53
donors, gestational surrogates, and surrogates to 54
undergo certain medical evaluations; specifying 55
requirements relating to such evaluations; requiring 56
surrogacy agencies to obtain level 2 security 57
background investigations for participants from the 58
Department of Children and Families through the Care 59
Provider Background Screening Clearinghouse; requiring 60
that such investigations be updated at specified 61
intervals under certain circumstances; specifying 62
requirements relating to such security background 63
investigations; requiring a surrogacy agency to 64
terminate any existing contract involving an 65
individual found to be a disqualified person and take 66
certain additional actions; requiring that a written 67
contract be made between a surrogacy agency and a 68
commissioning couple; specifying requirements for such 69
surrogacy contracts; requiring surrogacy agencies to 70
keep and maintain certain funds in separate accounts 71
and maintain a certain mechanism for a certain 72
purpose; requiring surrogacy agencies to establish 73
escrow accounts for a certain purpose; specifying 74
requirements for such escrow accounts and escrow 75

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agents; specifying requirements for certain contracts 76
entered into by surrogacy agencies and participants; 77
requiring the Department of Children and Families to 78
adopt certain rules by a specified date; requiring 79
surrogacy agencies to apply for and maintain 80
certification issued by the department; providing that 81
such certification is valid for a specified timeframe 82
unless suspended or revoked for cause; requiring the 83
department to conduct certain inspections; authorizing 84
the department to impose corrective action plans or 85
administrative fines upon surrogacy agencies or 86
suspend or revoke surrogacy agency certification under 87
certain circumstances; requiring the department to 88
maintain a certain list of certified surrogacy 89
agencies; reordering and amending s. 742.13, F.S.; 90
defining the terms "disqualified person" and 91
"surrogate"; revising definitions; amending s. 742.15, 92
F.S.; requiring that a contract be made between a 93
commissioning couple and a gestational surrogate or 94
surrogate before engaging in gestational surrogacy or 95
surrogacy; providing the circumstances under which 96
such contract is binding and enforceable; requiring 97
that a surrogacy contract include certain provisions; 98
creating s. 742.155, F.S.; authorizing the 99
commissioning couple and prospective gestational 100

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surrogate or surrogate to petition a court to validate 101
a surrogacy contract under certain circumstances; 102
authorizing the court to validate a surrogacy contract 103
under certain circumstances; providing the standard of 104
review for a court's determination of whether to 105
validate a surrogacy contract; amending s. 742.16, 106
F.S.; requiring a commissioning couple to petition a 107
court in a certain circuit for an expedited 108
affirmation of parental status within a certain 109
timeframe after the birth of a child delivered by a 110
gestational surrogate or surrogate; requiring the 111
clerk of the court to request and obtain certain 112
security background investigations of specified 113
parties under certain circumstances; authorizing the 114
court to order the deletion of certain names from a 115
notice of hearing and from the copy of the petition 116
attached thereto under certain circumstances; 117
requiring the commissioning couple to give certain 118
notice of hearing to the surrogate; revising the 119
circumstances under which the court is required to 120
enter an order stating that the commissioning couple 121
are the legal parents of the child; requiring that the 122
gestational surrogate or surrogate be deemed the 123
natural mother of the child and have the right to 124
certain support under certain circumstances; 125

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prohibiting the granting of time-sharing and parental 126
responsibility to the commissioning couple under 127
certain circumstances; providing that the consent of 128
the commissioning couple is not required for the 129
adoption of the child under certain circumstances; 130
providing an effective date. 131
132
Be It Enacted by the Legislature of the State of Florida: 133
134
Section 1. Section 63.213, Florida Statutes, is amended to 135
read: 136
63.213 Preplanned adoption agreement.— 137
(1) Individuals may enter into a preplanned adoption 138
arrangement as specified in this section, but the such 139
arrangement may not do any of the following in any way: 140
(a) Effect final transfer of custody of a child or final 141
adoption of a child without review and approval of the court and 142
without compliance with other applicable provisions of law. 143
(b) Constitute consent of a biological mother to place her 144
biological child for adoption until 48 hours after the birth of 145
the child and unless the court making the custody determination 146
or approving the adoption determines that the mother was aware 147
of her right to rescind within the 48-hour period after the 148
birth of the child but chose not to rescind her such consent. 149
The volunteer mother's right to rescind her consent in a 150

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preplanned adoption applies only when the child is genetically 151
related to her. 152
(c) Authorize the adoption of a child by an intended 153
parent who is a disqualified person. 154
(d) Authorize the adoption of a child conceived through a 155
gestational surrogacy or surrogacy arrangement that is governed 156
by s. 742.15. 157
(2) A preplanned adoption agreement must include, but need 158
not be limited to, all of the following terms: 159
(a) That the biological volunteer mother is pregnant and 160
agrees to become pregnant by the fertility technique specified 161
in the agreement, to bear the child, and to terminate any 162
parental rights and responsibilities to the child she might have 163
through a written consent executed at the same time as the 164
preplanned adoption agreement, subject to a right of rescission 165
by the volunteer mother any time within 48 hours after the birth 166
of the child, if the volunteer mother is genetically related to 167
the child. 168
(b) That the biological volunteer mother agrees to submit 169
to reasonable medical evaluation and treatment and to adhere to 170
reasonable medical instructions about her prenatal health. 171
(c) That the biological volunteer mother acknowledges that 172
she is aware that she will assume parental rights and 173
responsibilities for the child born to her as otherwise provided 174
by law for a mother if the intended father and intended mother 175

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terminate the agreement before final transfer of custody is 176
completed, if a court determines that a parent clearly specified 177
by the preplanned adoption agreement to be the biological parent 178
is not the biological parent, or if the preplanned adoption is 179
not approved by the court pursuant to the Florida Adoption Act. 180
(d) That an intended father who is also the biological 181
father acknowledges that he is aware that he will assume 182
parental rights and responsibilities for the child as otherwise 183
provided by law for a father if the agreement is terminated for 184
any reason by any party before final transfer of custody is 185
completed or if the planned adoption is not approved by the 186
court pursuant to the Florida Adoption Act. 187
(e) That the intended father and intended mother 188
acknowledge that they may not receive custody or the parental 189
rights under the agreement if the biological volunteer mother 190
terminates the agreement or if the volunteer mother rescinds her 191
consent to place her child for adoption within 48 hours after 192
the birth of the child, if the volunteer mother is genetically 193
related to the child. 194
(e)(f) That the intended father and intended mother may 195
agree to pay all reasonable legal, medical, psychological, or 196
psychiatric expenses of the biological volunteer mother related 197
to the preplanned adoption arrangement and may agree to pay the 198
reasonable living expenses and wages lost due to the pregnancy 199
and birth of the biological volunteer mother and reasonable 200

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compensation for inconvenience, discomfort, and medical risk. No 201
other compensation, whether in cash or in kind, may shall be 202
made pursuant to a preplanned adoption arrangement. 203
(f)(g) That the intended father and intended mother agree 204
to accept custody of and to assert full parental rights and 205
responsibilities for the child immediately upon the child's 206
birth, regardless of any impairment to the child. 207
(h) That the intended father and intended mother shall 208
have the right to specify the blood and tissue typing tests to 209
be performed if the agreement specifies that at least one of 210
them is intended to be the biological parent of the child. 211
(g)(i) That the agreement may be terminated at any time by 212
any of the parties. 213
(h) That the parties understand that the agreement is void 214
and that a court may not approve the proposed adoption if any 215
intended parent is a disqualified person as defined in this 216
section. 217
(3) A preplanned adoption agreement may shall not contain 218
any provision: 219
(a) To reduce any amount paid to the biological volunteer 220
mother if the child is stillborn or is born alive but impaired, 221
or to provide for the payment of a supplement or bonus for any 222
reason. 223
(b) Requiring the termination of the biological volunteer 224
mother's pregnancy. 225

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(4) A pregnant female and, if married, her spouse and the 226
intended parents must have independent legal representation by 227
an attorney who is a member in good standing of The Florida Bar 228
before entering into and throughout the duration of the 229
preplanned adoption agreement regarding the terms and potential 230
legal consequences of the agreement. Each attorney must be 231
identified in the preplanned adoption agreement. A single 232
attorney for the biological mother and her spouse, if married, 233
and a single attorney for the intended parents are sufficient to 234
meet this requirement An attorney who represents an intended 235
father and intended mother or any other attorney with whom that 236
attorney is associated shall not represent simultaneously a 237
female who is or proposes to be a volunteer mother in any matter 238
relating to a preplanned adoption agreement or preplanned 239
adoption arrangement. 240
(5) Payment to agents, finders, and intermediaries, 241
including attorneys and physicians, as a finder's fee for 242
finding biological volunteer mothers or matching a biological 243
volunteer mother and intended father and intended mother is 244
prohibited. Doctors, psychologists, attorneys, and other 245
professionals may receive reasonable compensation for their 246
professional services, such as providing medical services and 247
procedures, legal advice in structuring and negotiating a 248
preplanned adoption agreement, or counseling. 249
(6)(a) After the intended parents petition a court for the 250

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approval of the adoption of a child who is the subject of a 251
preplanned adoption agreement, the clerk of the court shall 252
request and obtain a level 2 security background investigation 253
as described in s. 435.04 of each of the intended parents from 254
the Department of Law Enforcement and provide the results to the 255
court. 256
(b) The court shall review the results of the security 257
background investigation and may not approve a proposed adoption 258
of a child by an intended parent who is a disqualified person. 259
(7) If a proposed adoption is denied because an intended 260
parent is a disqualified person, the biological mother retains 261
all parental rights to the child. 262
(8) As used in this section, the term: 263
(a) "Disqualified person" means a person who fails to meet 264
the level 2 screening standards under s. 435.04 "Blood and 265
tissue typing tests" include, but are not limited to, tests of 266
red cell antigens, red cell isoenzymes, human leukocyte 267
antigens, and serum proteins. 268
(b) "Child" means the child or children conceived by means 269
of a fertility technique that is part of a preplanned adoption 270
arrangement. 271
(c) "Fertility technique" means artificial embryonation, 272
artificial insemination, whether in vivo or in vitro, egg 273
donation, or embryo adoption. 274
(b)(d) "Intended father" means a male who, as evidenced by 275

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a preplanned adoption agreement, intends to assert the parental 276
rights and responsibilities for a child who is the subject of a 277
preplanned adoption agreement conceived through a fertility 278
technique, regardless of whether the child is biologically 279
related to the male. 280
(c)(e) "Intended mother" means a female who, as evidenced 281
by a preplanned adoption agreement, intends to assert the 282
parental rights and responsibilities for a child who is the 283
subject of a preplanned adoption agreement conceived through a 284
fertility technique, regardless of whether the child is 285
biologically related to the female. 286
(d)(f) "Party" means the intended father, the intended 287
mother, the biological volunteer mother, or the biological 288
volunteer mother's husband, if she has a husband. 289
(e)(g) "Preplanned adoption agreement" means a written 290
agreement among the parties which that specifies the intent of 291
the parties as to their rights and responsibilities in the 292
preplanned adoption arrangement, consistent with the provisions 293
of this section. 294
(f)(h) "Preplanned adoption arrangement" means the 295
arrangement through which the parties enter into an agreement 296
for the biological volunteer mother to bear the child, for 297
payment by the intended father and intended mother of the 298
expenses allowed by this section, for the intended father and 299
intended mother to assert full parental rights and 300

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responsibilities to the child if consent to adoption is not 301
rescinded after birth by a biological volunteer mother who is 302
genetically related to the child, and for the biological 303
volunteer mother to terminate, subject to any right of 304
rescission, all her parental rights and responsibilities to the 305
child in favor of the intended father and intended mother. 306
(i) "Volunteer mother" means a female at least 18 years of 307
age who voluntarily agrees, subject to a right of rescission if 308
it is her biological child, that if she should become pregnant 309
pursuant to a preplanned adoption arrangement, she will 310
terminate her parental rights and responsibilities to the child 311
in favor of the intended father and intended mother. 312
Section 2. Section 383.61, Florida Statutes, is created to 313
read: 314
383.61 Assisted reproduction facilities.— 315
(1) DEFINITIONS.—As used in this section, the term: 316
(a) "Agency" means the Agency for Health Care 317
Administration. 318
(b) "Assisted reproductive technology" means procreative 319
procedures which involve the laboratory handling of human eggs, 320
sperm, or preembryos, including, but not limited to, in vitro 321
fertilization embryo transfer, gamete intrafallopian transfer, 322
pronuclear stage transfer, tubal embryo transfer, and zygote 323
intrafallopian transfer. 324
(c) "Commissioning couple" means the intended father and 325

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mother of a child who will be conceived by means of assisted 326
reproductive technology using the eggs or sperm of at least one 327
of the intended parents. 328
(d) "Department" means the Department of Health. 329
(e) "Disqualified person" means a person who fails to meet 330
the level 2 screening standards under s. 435.04. 331
(f) "Donor" means a person who donates reproductive 332
material, regardless of whether the donation is for personal use 333
or for compensation. The term does not include an intended 334
mother or intended father who provides eggs or sperm, 335
respectively, to be used for assisted reproduction. 336
(g) "Donor bank" means any facility that collects 337
reproductive material from donors for use by a fertility clinic. 338
(h) "Egg" means the unfertilized female reproductive cell. 339
(i) "Fertility clinic" means a facility in which 340
reproductive materials are subject to assisted reproductive 341
technology for the purpose of implantation. 342
(j) "Health care practitioner" has the same meaning as in 343
s. 456.001. 344
(k) "Preembryo" means the product of fertilization of an 345
egg by a sperm until the appearance of the embryonic axis. 346
(l) "Recipient" means a person who receives, through 347
implantation, reproductive material from a donor. 348
(m) "Reproductive material" means any human egg, sperm, or 349
preembryo. 350

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(n) "Sperm" means the male reproductive cell. 351
(o) "Surrogacy agency" means a person who is certified 352
pursuant to s. 402.89 and is in the business of matching, 353
supervising, or coordinating intended parents, gestational 354
surrogates, and surrogates as defined in s. 402.89; providing 355
case management, screening, or counseling services to intended 356
parents, gestational surrogates, or surrogates; or referring 357
intended parents, gestational surrogates, and surrogates to 358
third-party reproductive services. 359
(p) "Third-party reproductive services" means services 360
offered by a donor bank or fertility clinic licensed under this 361
section related to the use of eggs, sperm, or preembryos that 362
have been donated by a person to enable a couple to become 363
parents. The term includes services related to gestational 364
surrogacy and surrogacy arrangements. 365
(2) RULES.—By December 31, 2026, the agency, in 366
consultation with the department, shall adopt rules establishing 367
all of the following for donor banks and fertility clinics: 368
(a) Minimum laboratory standards for embryology, 369
cryopreservation, and specimen handling. 370
(b) Minimum training requirements for embryologists and 371
laboratory staff. 372
(c) Licensure application and renewal procedures and 373
documentation requirements. 374
(d) Sanitation and infection control requirements. 375

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(e) Standards for storing, monitoring, and securing 376
reproductive material. 377
(f) The format and required content of patient 378
disclosures. 379
(g) Incident reporting procedures and thresholds. 380
(3) LICENSURE.—A donor bank or fertility clinic may not 381
operate without a license issued by the agency under this 382
section. Donor banks and fertility clinics in operation as of 383
the date that rules initially adopted under this section become 384
effective shall have 6 months from that date to become licensed. 385
A license is valid for 2 years unless suspended or revoked for 386
cause. 387
(4) BEST PRACTICE POLICIES.— 388
(a) By January 1, 2027, each donor bank, fertility clinic, 389
and health care practitioner who provides assisted reproductive 390
technology in this state shall develop written best practice 391
policies consistent with 42 U.S.C. s. 263a(f). 392
(b) Such best practice policies must be submitted to the 393
appropriate licensing agency or department annually for review. 394
(c) All reproductive material stored by a donor bank, 395
fertility clinic, or health care practitioner must be clearly 396
labeled. 397
(d) A donor bank, fertility clinic, or health care 398
practitioner shall maintain all records for at least 30 years. 399
(5) INSPECTIONS.—The agency shall perform annual 400

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inspections of donor banks and fertility clinics. 401
(6) PENALTIES.—A donor bank or fertility clinic in 402
violation of subsection (3) or subsection (4) is subject to the 403
penalties provided in s. 400.995. The agency may refer 404
violations involving health care practitioners to the department 405
for disciplinary action under chapter 456. 406
(7) DISCLOSURE REQUIREMENTS.—A fertility clinic shall 407
obtain express and informed consent from all participants 408
regarding the proposed treatment, procedure, or process related 409
to services that will be provided by the clinic. 410
(a) A fertility clinic shall provide to a participant a 411
written document that is in plain language and includes, at a 412
minimum, all of the following: 413
1. A description of the known and potential risks, 414
consequences, and benefits of assisted reproductive technology. 415
2. A statement that there may be foreseen or unforeseen 416
legal consequences and that it is advisable to seek independent 417
legal counsel. 418
3. A description of applicable confidentiality protections 419
and a statement that such protections apply to the extent 420
allowed by law. 421
4. A statement that a participant has access to all of his 422
or her medical records to the extent allowed by law and may 423
request copies of such records from the fertility clinic. The 424
fertility clinic may charge reasonable fees for copies of such 425

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records as authorized by law. 426
5. If applicable, a disclosure that a commissioning couple 427
has the right to access a summary of medical and psychological 428
information about donors and gestational surrogates. 429
6. The policy of the fertility clinic, if applicable, 430
regarding the number of embryos transferred and any limitation 431
on the number of embryos transferred, as well as the existence 432
of national guidelines as published by the American Society for 433
Reproductive Medicine and the Society for Assisted Reproductive 434
Technology. 435
7. Information generally explaining and clarifying 436
parental rights of all participants. 437
8. Any other disclosures required by state or federal law. 438
9. A statement that all disclosures have been made 439
pursuant to this subsection. 440
(b) A participant gives express and informed consent by 441
signing the written document required under paragraph (a). In 442
order for the express and informed consent to be valid, the 443
document must meet all of the following requirements: 444
1. Be dated and signed by the fertility clinic and the 445
participant. 446
2. Specify the length of time that the consent remains 447
valid. 448
3. Advise the participant signing the document of the 449
right to receive a copy of the document. 450

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(8) NOTICE OF DISQUALIFIED PERSON.—If a donor bank or 451
fertility clinic receives notice from a surrogacy agency that a 452
donor, a participant, or an intended parent is a disqualified 453
person, the donor bank or fertility clinic must immediately 454
cease using any reproductive material retained by the donor bank 455
or fertility clinic pertaining to that individual. 456
Section 3. Section 402.89, Florida Statutes, is created to 457
read: 458
402.89 Surrogacy agencies.— 459
(1) DEFINITIONS.—As used in this section, the term: 460
(a) "Commissioning couple" means the intended father and 461
mother of a child who will be conceived by means of assisted 462
reproductive technology as defined in s. 383.61 using the eggs 463
or sperm of at least one of the intended parents. 464
(b) "Department" means the Department of Children and 465
Families. 466
(c) "Disqualified person" means a person who fails to meet 467
the level 2 screening standards under s. 435.04. 468
(d) "Gestational surrogate" means a woman who contracts to 469
become pregnant by means of assisted reproductive technology as 470
defined in s. 383.61 without the use of an egg from her body and 471
with the use of an egg or sperm from the commissioning couple. 472
(e) "Participant" means an individual who provides a 473
biological or genetic component of assisted reproduction or a 474
commissioning couple. 475

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(f) "Surrogacy agency" means a person who is in the 476
business of matching, supervising, or coordinating intended 477
parents and surrogates; providing case management, screening, or 478
counseling services to commissioning couples or surrogates; or 479
referring commissioning couples and surrogates to third-party 480
reproductive services. 481
(g) "Surrogacy contract" means a written agreement between 482
the commissioning couple and the gestational surrogate or 483
surrogate. 484
(h) "Surrogate" means a woman who contracts to become 485
pregnant by means of assisted reproductive technology as defined 486
in s. 383.61 with the use of an egg from her body. 487
(i) "Third-party reproductive services" means services 488
offered by a donor bank or fertility clinic licensed under s. 489
383.61 related to the use of eggs, sperm, or preembryos that 490
have been donated by a person to enable a couple to become 491
parents. The term includes services related to gestational 492
surrogacy and surrogacy arrangements. 493
(2) GENERAL REQUIREMENTS.—A surrogacy agency shall do all 494
of the following: 495
(a) Require all participants to undergo a mental health 496
evaluation by a mental health professional licensed under 497
chapter 490 or chapter 491, and to undergo a subsequent 498
evaluation every 2 years thereafter as long as the participant 499
remains in the surrogacy agency's database or continues to 500

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contract for services with the surrogacy agency. The surrogacy 501
agency shall request from the mental health professional 502
performing the evaluation a written statement that the mental 503
health professional has met with and cleared the participant for 504
continued participation in the surrogacy process. The surrogacy 505
agency shall retain a copy of the written statement for each 506
participant. The surrogacy agency shall require all participants 507
to sign a release authorizing the surrogacy agency to obtain the 508
results of the mental health evaluation. 509
(b) Require all donors, gestational surrogates, and 510
surrogates to undergo a medical evaluation by a physician 511
licensed under chapter 458 or chapter 459. The surrogacy agency 512
shall request from the physician performing the evaluation a 513
written statement that the physician has met with and cleared 514
the donor, gestational surrogate, or surrogate for continued 515
participation in the surrogacy process. The surrogacy agency 516
shall retain a copy of the written statement for each donor, 517
gestational surrogate, or surrogate. The surrogacy agency shall 518
require all donors, gestational surrogates, and surrogates to 519
sign a release authorizing the surrogacy agency to obtain the 520
results of the medical evaluation. 521
(c) Obtain a level 2 security background investigation 522
consistent with s. 435.04 from the department through the Care 523
Provider Background Screening Clearinghouse under s. 435.12, and 524
obtain an updated security background investigation every 5 525

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years thereafter as long as the participant remains in the 526
surrogacy agency's database or is still contracting for services 527
with the surrogacy agency. 528
1. For a donor or surrogate, the surrogacy agency shall 529
obtain the security background investigation before listing the 530
donor or surrogate in the surrogacy agency's database of 531
potential donors or surrogates. 532
2. For a commissioning couple, the surrogacy agency shall 533
obtain the security background investigation before entering 534
into a contract with the commissioning couple to provide 535
database or matching services or referrals for third-party 536
reproductive services. 537
3. If the security background investigation finds that an 538
individual is a disqualified person, the surrogacy agency must 539
terminate any existing contract involving the individual, remove 540
the individual from the surrogacy agency's database, and notify 541
the donor bank or fertility clinic of the individual's status as 542
a disqualified person. 543
(d) Require a written contract as provided in subsection 544
(4) between the commissioning couple and the surrogacy agency. 545
(e) Require that all surrogacy contracts pursuant to s. 546
742.15 between the commissioning couple and the gestational 547
surrogate or surrogate be in writing and require the 548
commissioning couple and gestational surrogate or surrogate to 549
undergo a legal consultation with an attorney who is a member in 550

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good standing of The Florida Bar regarding the terms and 551
potential legal consequences of the surrogacy contract. 552
(f) Keep and maintain all funds that are to be used for 553
the compensation of a donor, gestational surrogate, or surrogate 554
in an account that is separate and apart from the surrogacy 555
agency's business accounts as specified in subsection (3). 556
(3) SECURITY REQUIREMENTS.—A surrogacy agency that 557
requires or receives payment from a participant shall establish 558
and maintain a mechanism for ensuring that those funds are 559
properly maintained. 560
(a) The surrogacy agency shall establish an escrow account 561
with an independent escrow agent and deposit into the account 562
all payments received by the surrogacy agency from a 563
commissioning couple. The surrogacy agency is not required to 564
deposit into the escrow account payments received from a 565
commissioning couple which relate to the compensation and 566
operation of the agency. 567
(b) The surrogacy agency shall establish the escrow 568
account in a bank, savings and loan association, or trust 569
company incorporated under the laws of this state or with an 570
attorney who is a member in good standing of The Florida Bar. 571
(c) The escrow agent shall disburse funds from the escrow 572
account only upon receipt of an affidavit from the surrogacy 573
agency specifying the purpose for which the disbursement is 574
requested. The escrow agent is entitled to rely upon the 575

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affidavit of the surrogacy agency and has no obligation to 576
independently ascertain the propriety of the requested 577
disbursement so long as the escrow agent has no actual knowledge 578
that the affidavit is false in any respect. The escrow agent 579
shall retain all affidavits received pursuant to this paragraph 580
for 5 years. 581
(d) The escrow agent shall maintain the account in such a 582
manner that it is under the direct supervision and control of 583
the escrow agent. The escrow agent has a fiduciary duty to each 584
participant to maintain the escrow account in accordance with 585
good accounting principles and to release funds from escrow only 586
in accordance with this subsection. If the escrow agent receives 587
conflicting demands for the escrowed funds, the escrow agent may 588
not disburse any funds and must immediately notify the surrogacy 589
agency and the affected participant of the dispute. 590
(e) Failure of a surrogacy agency to place funds in an 591
escrow account within 10 days after receipt of the funds is 592
prima facie evidence of a violation of this subsection. 593
(4) CONTRACT REQUIREMENTS.—A contract entered into by a 594
surrogacy agency and a participant to provide database or 595
matching services or referrals for third-party reproductive 596
services must be in writing. The written contract must contain 597
all provisions, requirements, and prohibitions required by this 598
subsection before it is signed by the participant. The surrogacy 599
agency shall provide a copy of the signed contract to the 600

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participant at the time the participant signs the contract and 601
shall provide another copy to the donor bank or fertility clinic 602
licensed under s. 383.61. A contract to provide database or 603
matching services or referrals for third-party reproductive 604
services must include all of the following: 605
(a) The participant's total payment obligation for 606
services to be received pursuant to the contract. 607
(b) The agreed-upon payment plan, if the contract calls 608
for payment in installments. 609
(c) All contracted services, set forth in specific terms. 610
(d) Prescribed in bold-faced type and under conspicuous 611
caption, all cancellation provisions of the contract. 612
(e) The length of time that the contract remains valid and 613
the circumstances under which the contract is terminated. 614
(5) RULES.—By December 31, 2026, the department shall 615
adopt rules to implement this section and establish minimum 616
standards for the certification and operation of surrogacy 617
agencies. The rules must include, at a minimum, all of the 618
following: 619
(a) Requirements for screening of participants. 620
(b) Requirements for background screening of surrogacy 621
agency personnel. 622
(c) Financial responsibility standards. 623
(d) Confidentiality and recordkeeping standards, including 624
retention of records. 625

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(e) Training requirements for surrogacy agency staff on 626
surrogacy ethics, legal risks, counseling, and conflict 627
management. 628
(f) Procedures for complaint handling, corrective action 629
plans, and sanctions. 630
(6) CERTIFICATION.— 631
(a) A surrogacy agency operating in this state must apply 632
for and maintain certification issued by the department. 633
Surrogacy agencies in operation as of the date that rules 634
initially adopted under this section become effective shall have 635
6 months from that date to become certified. A certification is 636
valid for 2 years, unless suspended or revoked for cause. The 637
department shall inspect a surrogacy agency applying for 638
certification before initial certification, and at least 639
annually thereafter, to verify compliance with certification 640
standards. 641
(b) If a surrogacy agency fails to comply with this 642
section or the rules adopted under this section, the department 643
may take administrative action, including, but not limited to, 644
authorization of continued operation under a corrective action 645
plan, imposition of administrative fines, and suspension or 646
revocation of certification. 647
(7) CERTIFIED SURROGACY AGENCIES LIST.—The department 648
shall maintain a publicly accessible list of certified surrogacy 649
agencies, including the certification status of such agencies. 650

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Section 4. Section 742.13, Florida Statutes, is reordered 651
and amended to read: 652
742.13 Definitions.—As used in ss. 742.11-742.17, the 653
term: 654
(1) "Assisted reproductive technology" means those 655
procreative procedures which involve the laboratory handling of 656
human eggs, sperm, or preembryos, including, but not limited to, 657
in vitro fertilization embryo transfer, gamete intrafallopian 658
transfer, pronuclear stage transfer, tubal embryo transfer, and 659
zygote intrafallopian transfer. 660
(2) "Commissioning couple" means the intended mother and 661
father of a child who will be conceived by means of assisted 662
reproductive technology using the eggs or sperm of at least one 663
of the intended parents. 664
(3) "Disqualified person" means a person who fails to meet 665
the level 2 screening standards under s. 435.04. 666
(4)(3) "Egg" means the unfertilized female reproductive 667
cell. 668
(5)(4) "Fertilization" means the initial union of an egg 669
and sperm. 670
(8)(5) "Gestational surrogate" means a woman who contracts 671
to become pregnant by means of assisted reproductive technology 672
without the use of an egg from her body and with the use of an 673
egg or sperm from the commissioning couple. 674
(7)(6) "Gestational surrogacy" means a state that results 675

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from a process in which a commissioning couple's eggs or sperm, 676
or both, are mixed in vitro and the resulting preembryo is 677
implanted within another woman's body. 678
(15)(7) "Gestational Surrogacy contract" means a written 679
agreement between the gestational surrogate or surrogate and the 680
commissioning couple. 681
(6)(8) "Gamete intrafallopian transfer" means the direct 682
transfer of eggs and sperm into the fallopian tube prior to 683
fertilization. 684
(9) "Implantation" means the event that occurs when a 685
fertilized egg adheres to the uterine wall for nourishment. 686
(10) "In vitro" refers to a laboratory procedure performed 687
in an artificial environment outside a woman's body. 688
(11) "In vitro fertilization embryo transfer" means the 689
transfer of an in vitro fertilized preembryo into a woman's 690
uterus. 691
(12) "Preembryo" means the product of fertilization of an 692
egg by a sperm until the appearance of the embryonic axis. 693
(13) "Pronuclear stage transfer" or "zygote intrafallopian 694
transfer" means the transfer of an in vitro fertilized preembryo 695
into the fallopian tube before cell division takes place. 696
(14) "Sperm" means the male reproductive cell. 697
(16) "Surrogate" means a woman who contracts to become 698
pregnant by means of assisted reproductive technology with the 699
use of an egg from her body. 700

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(17)(15) "Tubal embryo transfer" means the transfer of a 701
dividing, in vitro fertilized preembryo into the fallopian tube. 702
Section 5. Subsections (1), (2), and (3) of section 703
742.15, Florida Statutes, are amended to read: 704
742.15 Gestational Surrogacy contract.— 705
(1) Before Prior to engaging in gestational surrogacy or 706
surrogacy, a binding and enforceable gestational surrogacy 707
contract must shall be made between the commissioning couple and 708
the gestational surrogate or surrogate. A contract for 709
gestational surrogacy is shall not be binding and enforceable 710
unless: 711
(a) The gestational surrogate or surrogate is 18 years of 712
age or older and is not a disqualified person; and 713
(b) The commissioning couple are legally married and are 714
both 18 years of age or older; 715
(c) Neither member of the commissioning couple is a 716
disqualified person; 717
(d) Each member of the commissioning couple is a United 718
States citizen, a lawful and permanent resident of the United 719
States, or domiciled in this state and lawfully present in the 720
United States under federal law; 721
(e) The gestational surrogate or surrogate is domiciled in 722
this state and is a United States citizen or lawful permanent 723
resident of the United States; and 724
(f) The contract was drafted by an attorney who is a 725

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member in good standing of The Florida Bar. 726
(2) The commissioning couple may shall enter into a 727
contract with a gestational surrogate only if when, within 728
reasonable medical certainty as determined and stated in a 729
written statement under oath by a physician licensed under 730
chapter 458 or chapter 459: 731
(a) The commissioning mother cannot physically gestate a 732
pregnancy to term; 733
(b) The gestation will cause a risk to the physical health 734
of the commissioning mother; or 735
(c) The gestation will cause a risk to the health of the 736
fetus. 737
(3) A gestational surrogacy contract must include the 738
following provisions, as applicable: 739
(a) The commissioning couple agrees that the gestational 740
surrogate or surrogate is shall be the sole source of consent 741
with respect to clinical intervention and management of the 742
pregnancy. 743
(b) The gestational surrogate or surrogate agrees to 744
submit to reasonable medical evaluation and treatment and to 745
adhere to reasonable medical instructions about her prenatal 746
health. 747
(c) The commissioning couple agrees not to reduce any 748
amount paid to the gestational surrogate or surrogate if the 749
child is stillborn or is born alive but impaired, or to provide 750

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for the payment of a supplement or bonus for any reason. 751
(d) The commissioning couple agrees that they may not 752
require the termination of the gestational surrogate's or 753
surrogate's pregnancy. 754
(e) Except as provided in paragraph (g) (e), the 755
gestational surrogate or surrogate agrees to relinquish any 756
parental rights upon the child's birth and to proceed with the 757
judicial proceedings prescribed under s. 742.16. 758
(f)(d) Except as provided in paragraph (g) (e), the 759
commissioning couple agrees to accept custody of and to assume 760
full parental rights and responsibilities for the child 761
immediately upon the child's birth, regardless of any impairment 762
of the child. 763
(g)(e) The gestational surrogate agrees to assume parental 764
rights and responsibilities for the child born to her if it is 765
determined that neither member of the commissioning couple is 766
the genetic parent of the child. 767
(h) The parties understand that the surrogacy contract is 768
void and that a court may not affirm the parentage of the 769
commissioning couple if a member of the commissioning couple is 770
a disqualified person as defined in s. 742.13. 771
Section 6. Section 742.155, Florida Statutes, is created 772
to read: 773
742.155 Preconception validation of surrogacy contract.— 774
(1) The commissioning couple and the prospective 775

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gestational surrogate or surrogate may petition a court to 776
validate a surrogacy contract if: 777
(a) The prospective gestational surrogate or surrogate or 778
the commissioning couple has resided in this state for the 90-779
day period preceding the date the petition is filed; 780
(b) The prospective gestational surrogate's or surrogate's 781
husband, if she is married, is joined as a party to the 782
proceeding; and 783
(c) A copy of the surrogacy contract is attached to the 784
petition. 785
(2) The court may validate a surrogacy contract as 786
provided by subsection (3) only if the court finds that: 787
(a) The medical evidence provided for a contract with a 788
gestational surrogate shows that: 789
1. The commissioning mother cannot physically gestate a 790
pregnancy to term; 791
2. The gestation will cause a risk to the physical health 792
of the commissioning mother; or 793
3. The gestation will cause a risk to the health of the 794
fetus; 795
(b) A favorable preliminary home study of the intended 796
parents has been performed consistent with s. 63.092; 797
(c) Each party to the contract has voluntarily entered 798
into and understands the terms of the contract; 799
(d) The contract includes the provisions required by s. 800

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742.15 and does not include any prohibited provisions; 801
(e) None of the parties to the contract are disqualified 802
persons; and 803
(f) The parties have adequately specified which party is 804
responsible for all reasonable health care expenses associated 805
with the pregnancy, including specifying which party is 806
responsible for such expenses if the contract is terminated. 807
(3) If the court finds that the requirements of subsection 808
(2) are satisfied, the court may render an order validating the 809
surrogacy contract and declaring that the commissioning couple 810
will be the parents of a child born under the agreement, except 811
as provided in s. 742.16 relating to proceedings to affirm the 812
parental status of a child conceived through gestational 813
surrogacy or surrogacy. 814
(4) The court may validate the surrogacy contract at the 815
court's discretion. The court's determination of whether to 816
validate the surrogacy contract is subject to review only for 817
abuse of discretion. 818
Section 7. Present subsections (7), (8), and (9) of 819
section 742.16, Florida Statutes, are redesignated as 820
subsections (8), (9), and (10), respectively, a new subsection 821
(7) is added to that section, and subsections (1) and (3), 822
paragraph (a) of subsection (4), subsection (6), and present 823
subsections (7) and (8) of that section are amended, to read: 824
742.16 Expedited affirmation of parental status for 825

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gestational surrogacy.— 826
(1) Within 3 days after the birth of a child delivered of 827
a gestational surrogate or surrogate, the commissioning couple 828
shall petition a court of competent jurisdiction in the circuit 829
where the commissioning couple or gestational surrogate or 830
surrogate resides for an expedited affirmation of parental 831
status. After a commissioning couple petitions the court for the 832
affirmation of parental status, the clerk of the court shall 833
request and obtain a level 2 security background investigation 834
as described in s. 435.04 of the commissioning couple from the 835
Department of Law Enforcement and provide the results to the 836
court. 837
(3) Upon a showing by the commissioning couple, or the 838
child, or the gestational surrogate or surrogate that privacy 839
rights may be endangered, the court may order the names of the 840
commissioning couple, or the child, or the gestational surrogate 841
or surrogate, or any combination thereof, to be deleted from the 842
notice of hearing and from the copy of the petition attached 843
thereto, provided the substantive rights of any person will not 844
thereby be affected. 845
(4) Notice of the hearing shall be given by the 846
commissioning couple to: 847
(a) The gestational surrogate or surrogate. 848
(6) The commissioning couple or their legal representative 849
shall appear at the hearing on the petition. At the conclusion 850

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of the hearing, the court shall enter an order stating that the 851
commissioning couple are the legal parents of the child if the 852
court determines that: 853
(a) after the court has determined that A binding and 854
enforceable gestational surrogacy contract has been executed 855
pursuant to s. 742.15; 856
(b) and that At least one member of the commissioning 857
couple is the genetic parent of the child, if the child was to 858
have been conceived pursuant to a surrogacy contract with a 859
gestational surrogate; and 860
(c) Neither the intended mother nor the intended father is 861
a disqualified person the court shall enter an order stating 862
that the commissioning couple are the legal parents of the 863
child. 864
(7) If the affirmation of parentage is denied because a 865
member of the commissioning couple is a disqualified person: 866
(a) The gestational surrogate or surrogate shall be deemed 867
the natural mother of the child and have the right to child 868
support from the commissioning couple; 869
(b) The commissioning couple may not be granted time-870
sharing or parental responsibility; and 871
(c) The consent of the commissioning couple is not 872
required for the adoption of the child. 873
(8)(7) If When at least one member of the commissioning 874
couple is the genetic parent of the child born to a gestational 875

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surrogate or surrogate, the commissioning couple shall be 876
presumed to be the natural parents of the child. 877
(9)(8) Within 30 days after entry of the order affirming 878
the parental status of the commissioning couple, the clerk of 879
the court shall prepare a certified statement of the order for 880
the state registrar of vital statistics on a form provided by 881
the registrar. The court shall thereupon enter an order 882
requiring the Department of Health to issue a new birth 883
certificate naming the commissioning couple as parents and 884
requiring the department to seal the original birth certificate. 885
Section 8. This act shall take effect July 1, 2026. 886