Informed Consent for Assisted Reproductive Technology

Florida Senate
-
2026

SB 1044

By
Senator Grall

29-00895C-26 20261044__
1 A bill to be entitled
2 An act relating to informed consent for assisted
3 reproductive technology; amending s. 742.17, F.S.;
4 revising requirements for certain written disposition
5 agreements required between a commissioning couple and
6 a treating physician; creating s. 742.175, F.S.;
7 defining terms; prohibiting health care providers from
8 performing in vitro fertilization without first
9 obtaining informed consent from the commissioning
10 couple; requiring that such informed consent be
11 obtained each time a new in vitro fertilization cycle
12 is undertaken; requiring health care providers to
13 provide the patient certain information; providing
14 construction; specifying requirements for the informed
15 consent form; requiring health care providers to enter
16 into a written disposition agreement with patients to
17 track specified elections; specifying requirements for
18 such agreements; prohibiting health care providers
19 from discarding embryos for nonpayment unless certain
20 conditions are met; providing construction; requiring
21 health care providers to disclose their policies;
22 requiring health care providers to provide certain
23 disclosures within a specified timeframe; providing an
24 exception; requiring health care providers to provide
25 informed consent in the patients’ primary language or
26 with a qualified interpreter; requiring that the
27 informed consent form state whether an interpreter was
28 used; requiring health care providers to offer
29 patients the opportunity to ask questions and withdraw
30 consent without penalty at any time before an embryo
31 transfer; requiring health care providers to retain
32 certain records for a specified timeframe; requiring
33 health care providers to provide patients a copy of
34 their records upon request within a specified
35 timeframe; providing for disciplinary action;
36 providing construction; providing severability;
37 amending s. 456.072, F.S.; conforming a provision to
38 changes made by the act; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 742.17, Florida Statutes, is amended to
43 read:
44 742.17 Disposition of eggs, sperm, or preembryos; rights of
45 inheritance.—A commissioning couple and the treating physician
46 shall enter into a written agreement that provides for
the

47
future use of the embryos by the commissioning couple, continued

48
storage with payment, embryo transfer to another couple,

49
permission for or prohibition of research donation, selections

50
for contingencies per s. 742.175(4)(b), and
the disposition of
51 the commissioning couple’s eggs, sperm, and preembryos in the
52 event of a divorce, the death of a spouse, or any other
53 unforeseen circumstance.
54 (1) Absent a written agreement, any remaining eggs or sperm
55 shall remain under the control of the party that provides the
56 eggs or sperm.
57 (2) Absent a written agreement, decisionmaking authority
58 regarding the disposition of preembryos shall reside jointly
59 with the commissioning couple.
60 (3) Absent a written agreement, in the case of the death of
61 one member of the commissioning couple, any eggs, sperm, or
62 preembryos shall remain under the control of the surviving
63 member of the commissioning couple.
64 (4) A child conceived from the eggs or sperm of a person or
65 persons who died before the transfer of their eggs, sperm, or
66 preembryos to a woman’s body shall not be eligible for a claim
67 against the decedent’s estate unless the child has been provided
68 for by the decedent’s will.
69 Section 2. Section 742.175, Florida Statutes, is created to
70 read:
71
742.175
A
ssisted reproductive technology;
informed consent;

72
required disclosures;
embryo
disposition
.—

73
(1)

DEFINITIONS.—As used in this section, the term:

74
(a) “Assisted reproductive technology” has the same meaning

75
as provided in s. 742.13 and includes in vitro fertilization,

76
intracytoplasmic sperm injection, embryo culture,

77
cryopreservation, and embryo transfer.

78
(
b
) “Commissioning couple” has the same meaning as provided

79
in s. 742.13.

80
(
c
)

“Cryopreservation” means, with respect to embryos,

81
freezing the embryos in an undisturbed environment for the

82
purpose of saving them for future procreative use.

83
(
d
)

“Cycle” means a single procedure of in vitro

84
fertilization, zygote intrafallopian transfer, or gamete

85
intrafallopian transfer.

86
(
e
) “Embryo” means the product of fertilization of an egg

87
by a sperm until the appearance of the embryonic axis.

88
(f)

“Health care provider” means a
health care practitioner

89
as defined in s
.
456.001 who is authorized to provide assisted

90
reproductive technology services under
his or her
applicable

91
scope of practice
.

92
(
g
) “Independently
r
eported success

rate data” means

93
public, audited data on assisted reproductive technology

94
outcomes, including national and clinic-level reports,

95
maintained by the United States Centers for Disease Control and

96
Prevention’s National ART Surveillance System and the Society

97
for Assisted Reproductive Technology.

98
(
h
) “Informed consent” means a voluntary, written, and

99
signed authorization, executed after receipt of the disclosures

100
required by this section provided in plain language

101
understandable to a layperson.

102
(
i
)

“In vitro fertilization” means a form of assisted

103
reproductive technology in which an egg retrieved from a woman’s

104
ovaries is fertilized with sperm in a culture medium in a

105
laboratory and then transferred to the uterus for the purpose of

106
producing a pregnancy.

107
(
j
) “Selective reduction” means
an abortion as defined in

108
s. 390.011 which
reduces the number of fetuses in a multifetal

109
pregnancy by one or more to lower maternal and neonatal risks

110
and
results in the intentional death of one or more fetuses with

111
the goal of continuing the pregnancy with fewer fetuses.

112
(k) “Single-embryo transfer” means transferring one embryo

113
in a given transfer procedure to reduce the risk of multiple

114
gestation, consistent with professional guidelines that limit

115
the number of embryos transferred by age and prognosis.

116
(l)

“Transfer” means the process by which a health care

117
pr
ovider
places a fresh or frozen embryo within the uterus,

118
fallopian tubes, or other part of a patient’s body for the

119
purpose of initiating a pregnancy.

120
(2)

INFORMED CONSENT REQUIRED.—

121
(a) A
health care provider
may not perform in vitro

122
fertilization, including ovarian stimulation, egg retrieval,

123
fertilization, embryo biopsy, embryo storage, and embryo

124
transfer, until each adult patient and, if applicable, both

125
members of the commissioning couple have executed the informed

126
consent form required under subsection (3).

127
(b)

A health care provider
must obtain
informed consent

128
each time a new cycle is undertaken and
must provide
updated

129
information to the patient with the latest statistics and

130
findings concerning the patient’s status
with each new cycle
.

131
(c) This section supplements ss. 742.11–742.17 and does not

132
diminish requirements for written agreements regarding gamete

133
and embryo disposition under s. 742.17.

134
(d)

This section does not prohibit a physician from

135
providing any additional information the physician deems

136
material to the
patient’
s informed decision to undergo in vitro

137
fertilization.

138
(3)

INFORMED CONSENT FORM.—

139
(a) The informed consent form must include all of the

140
following:

141
1.

A description of the in vitro fertilization procedure.

142
2. Information about embryo conception and transfer,

143
including the patient’s right to determine the number of embryos

144
or eggs to conceive and transfer
,
and the most recent scientific

145
information on the number of embryos needed to be transferred to

146
achieve a successful pregnancy.

147
3. A statement that the patient retains the right to

148
withhold or withdraw consent at any time before transfer of

149
gametes or embryos without affecting
the patient’s
right to

150
future care or treatment
.

151
4. A description of the facility’s practice regarding

152
selecting embryos
that are
viable to transfer
and the outcome

153
for
embryos
that are
deemed not viable for transfer
,
including

154
whether those embryos will be destroyed or used for training or

155
research.

156
5. A description of the facility’s practice regarding

157
cryopreservation of embryos and the associated costs.

158
6. The effect of the following on treatment, embryos, and

159
the validity of informed consent:
the health care provider’s

160
practice
closing; divorce; separation; failure to pay storage

161
fees for nontransferred embryos; failure to pay treatment fees;

162
inability to agree on the fate of embryos; the death of a

163
patient or others; withdrawal of consent for transfer after

164
fertilization but before cryopreservation; incapacity;

165
unavailability of agreed
-upon
disposition of embryos; or loss of

166
contact with the facility.

167
(b) The informed consent form must also disclose all of the

168
following:

169
1.

Medical risks to the
person
undergoing treatment,

170
including all of the following:

171
a.

Medication and ovarian response risks, including ovarian

172
hyperstimulation syndrome. The form must describe signs and

173
symptoms of and methods for preventing ovarian hyperstimulation

174
syndrome, including the use of individualized ovarian

175
stimulation, gonadotropin-releasing hormone agonist triggers,

176
and freezing all embryos after a cycle to transfer in a

177
separate, subsequent cycle. The form must also state that

178
moderate-to-severe ovarian hyperstimulation syndrome occurs in

179
approximately 1 to 5 percent of cycles, varying by individual

180
risk and declining with modern prevention methods.

181
b.

Procedure and anesthesia risks from egg retrieval,

182
including pain, bleeding, infection, injury to adjacent

183
structures, and rare serious complications.

184
c.

Pregnancy-related risks, including ectopic pregnancy,

185
miscarriage, hypertensive disorders, and diabetes, noting that

186
ectopic pregnancy after in vitro fertilization has been reported

187
in the range of approximately 1.4 to 3.2 percent of in vitro

188
fertilization pregnancies, with patient-specific variation.

189
2.

Medical risks to children conceived through in vitro

190
fertilization, specifically that:

191
a.

Multiple gestation carries increased risks of

192
prematurity, low birth weight, and neonatal morbidity compared

193
with singletons; and

194
b.

Most children conceived through in vitro fertilization

195
are healthy, but some adverse outcomes, including premature

196
births or low birth weights among singleton pregnancies, have

197
been observed in surveillance reports, and that historic

198
multiple-embryo transfer practices contributed to higher

199
multiple-birth rates.

200
3.

Risks of multiple gestation and selective reduction. The

201
disclosure must:

202
a.

Describe maternal and neonatal complications associated

203
with multiple gestation and explain that preventing multiple

204
gestation is the safest strategy.

205
b.

Define selective reduction as provided in this section

206
and include the following statement: “If two or more embryos

207
implant, your physician may discuss an option that entails

208
intentionally ending the life of one or more fetuses to reduce

209
the total number of fetuses. You may accept or decline this

210
option.”

211
c.

Specify that, in accordance with chapter 390, any

212
selective reduction must be performed before the gestational age

213
of the fetus progresses beyond 6 weeks, unless an exception

214
under s. 390.0111(1) applies.

215
d
.

State that single-embryo transfer is an evidence-based

216
strategy to reduce multiple gestation and that professional

217
guidelines limit the number of embryos to transfer by age and

218
prognosis.

219
e
.

Identify practices available to minimize embryo loss or

220
destruction. The disclosure must enumerate options and allow

221
patient elections that include all of the following:

222
(I)

Limiting fertilization to the number intended for

223
transfer in current and planned cycles.

224
(II)

Singe-embryo transfers where clinically reasonable,

225
avoiding embryo discard based solely on nonmedical traits.

226
(III)

Embryo cryopreservation and
an embryo disposition

227
plan that prioritizes future transfer to the commissioning

228
couple or embryo transfer to another couple. Cryopreserved

229
embryos may be used for research or discarded only if expressly

230
authorized by the patients.

231
(IV)

Mild or natural-cycle stimulation protocols when

232
clinically feasible.

233
(V)

Preimplantation genetic testing limitations, including

234
possible no-result or mosaic findings
, and the disclosure that

235
results are not infallible and do not require embryo discard.

236
4
.

Financial obligations and costs, including all of the

237
following:

238
a.

A good

faith itemized estimate of total cycle costs,

239
including professional and laboratory fees
;
anesthesia
;

240
medications
;
preimplantation genetic testing, if elected
;
embryo

241
storage
;
and anticipated additional procedures.

242
b.

A clear statement that ongoing storage fees will be

243
assessed for cryopreserved embryos and that nonpayment will be

244
handled only as set forth in the patient’s
embryo
disposition

245
agreement under subsection (
4
)
and
s. 742.17.

246
5.

The health care provider’s transfer policy. If the

247
disclosure does not state the health care provider’s transfer

248
policy, t
he default transfer policy is to perform single-embryo

249
transfers when clinically reasonable.

250
6
.

Alternatives to in vitro fertilization. The disclosure

251
must include a description of reasonable alternatives, which may

252
include, but need not be limited to, timed intercourse,

253
lifestyle and medical optimization, natural procreative

254
technology-informed diagnostics, ovulation induction,

255
intrauterine insemination, use of donor gametes, adoption,

256
expectant management, and counseling.

257
7
.

Success rates and limits. The disclosure must include

258
all of the following:

259
a.

Required national benchmarks, including present age

260
stratified independently

reported success

rate data from the

261
most recent finalized Society for Assisted Reproductive

262
Technology National Summary
Report
and any companion first

263
transfer and subsequent-transfer tables
provided
for that year.

264
b.

Independent sources patients can check, including the

265
URLs in print and electronically for:

266
(I)

The United States Centers for Disease Control and

267
Prevention National ART Surveillance System’s success rates for

268
national and clinic-level data and the Centers for Disease

269
Control and Prevention’s guidance on interpreting cumulative

270
success; and

271
(II)

The Society for Assisted Reproductive Technology’s

272
Clinic Summary Report
,
including national and clinic-level data

273
for the latest finalized year.

274
c.

Clinic-specific context, explaining that the data from

275
the United States Centers for Disease Control and Prevention and

276
the Society for Assisted Reproductive Technology is audited,

277
standardized, l
o
gged,
and
finalized after the reporting year,

278
and that individual prognosis varies by age, diagnosis, and

279
treatment plan.

280
d.

A statement that Florida public policy favors singleton

281
birth when medically safe and
that health care providers
should

282
discuss single-embryo transfer options to reduce the chance of

283
twins or higher-order multiples.

284
(c)

The informed consent form must include initial lines or

285
checkboxes for each of the following patient elections, which

286
the
health care provider

shall
honor unless
such elections are

287
unsafe
for the patient
or unlawful:

288
289
...(Initial here)...
Embryo creation limit. We

290
authorize insemination or intracytoplasmic sperm

291
injection of no more than ...(insert desired

292
number)... eggs per cycle.

293
294
...(Initial here)...
Embryo transfer
.
We authorize the

295
transfer of
...(insert desired number)...
e
mbryos
per

296
cycle.

297
298
...(Initial here)...
Selective reduction preference.

299
Circle one: We decline/may consider selective

300
reduction if recommended.
Health care provider
policy:

301
...(insert
health care provider
’s policy on selective

302
reduction
, specifying that all selective reduction

303
procedures must be performed in accordance with

304
chapter 390, Florida Statutes)
....

305
306
...(Initial here)...
Preimplantation genetic testing

307
election. Circle one: decline all

308
testing/preimplantation genetic testing for an

309
aneuploidy (PGT-A)/preimplantation genetic testing for

310
a specific condition (PGT-M) (condition: ...(insert

311
condition)...). We understand preimplantation genetic

312
testing is not infallible and does not require embryo

313
discard.

314
315
...(Initial here)...
Financial responsibility. We

316
understand and accept responsibility for storage fees

317
until a disposition permitted above occurs.

318
319
(4) EMBRYO
DISPOSITION
; CONTINGENCIES.—

320
(a) A
health care provider shall enter into a disposition

321
agreement pursuant to s. 742.17 which
tracks the patients’

322
elections under subsection (3).

323
(b) The agreement must specify the patients’ choices upon

324
death or incapacity of one or both patients; divorce or

325
separation; prolonged loss of contact; and nonpayment after a

326
grace period. Options must include continued storage, transfer

327
to the patient or a gestational carrier, or embryo transfer to

328
another couple. Options for research donation or discarding

329
embryos must be expressly selected by the patients in order to

330
occur.

331
(c) A
health care provider
may not discard embryos for

332
nonpayment unless
all of the following conditions are met
:

333
1.

The agreement expressly authorizes that outcome
.

334
2.

The
health care provider
has provided at least two

335
written notices to the patients’ last known addresses and a 90

336
day grace period has passed
.

337
3.

Such action complies with

all other applicable laws
.

338
(d) This section does not require a
health care provider
to

339
offer services
he or she
does not provide; however, the
health

340
care provider

shall
disclose
his or her
policies.

341
(5) FORM, TIMING, AND LANGUAGE ACCESS.—

342
(a)
A health care provider shall provide t
he disclosures

343
required by subsection (3) at least 48 hours before the first

344
injectable medication, unless a shorter interval is medically

345
necessary and the patient affirmatively waives the
time
interval

346
in writing.

347
(b) A
health care provider

shall
provide the informed

348
consent
form
in the patients
’
primary language or with a

349
qualified interpreter, and the
informed
consent form must state

350
whether an interpreter was used.

351
(c)
A health care provider shall offer p
atients the

352
opportunity to ask questions and to withdraw consent
without

353
penalty
at any time before embryo transfer.

354
(d) Electronic signatures are permitted if compliant with

355
state law.

356
(6) RECORDKEEPING.—

357
(a)
A health care provider
shall retain executed informed

358
consent forms, disposition agreements, and any subsequent

359
modifications for at least 7 years after the final embryo is

360
transferred, adopted, or otherwise lawfully disposed of, or for

361
the period required by other applicable law, whichever is

362
longer.

363
(b) Upon written request, a
health care provider
shall

364
provide
a
patient a copy of his or her records without charge

365
within 10 business days
after receipt of the written request
.

366
(7) ENFORCEMENT.—Failure to obtain informed consent as

367
required by this section constitutes grounds for disciplinary

368
action under
s
. 456.072.

369
(8) CONSTRUCTION.—

370
(a) This section does not alter parentage presumptions

371
under s. 742.11 or donor provisions under s. 742.14 or the

372
written agreement requirements of s. 742.17.

373
(b) This section does not mandate selective reduction or

374
embryo destruction
,
and patients may decline such procedures.

375
(c)

The provisions of this section relating to selective

376
reduction operate consistent with, and do not supplant, chapter

377
390. The limitations on abortions specified in s. 390.0111 apply

378
to s
elective reduction procedures
referenced under this section
.

379
Chapter 390 prevails in the event of any conflict with this

380
section.

381
(
d
) This section must be construed to permit patient

382
elections that minimize embryo loss consistent with medical

383
safety and applicable laws.

384
(9) SEVERABILITY.—If any provision of this section or its

385
application is held invalid, the invalidity does not affect

386
other provisions or applications of this section which can be

387
given effect without the invalid provision or application, and

388
to this end the provisions of this section are severable.

389 Section 3. Paragraph (uu) is added to subsection (1) of
390 section 456.072, Florida Statutes, to read:
391 456.072 Grounds for discipline; penalties; enforcement.—
392 (1) The following acts shall constitute grounds for which
393 the disciplinary actions specified in subsection (2) may be
394 taken:
395
(uu)
Violating any provision of s.
742.175
.

396 Section 4. This act shall take effect July 1, 2026.