Read the full stored bill text
Florida Senate
-
2026
SB 1680
By
Senator Grall
29-01087B-26 20261680__
1 A bill to be entitled
2 An act relating to surrogacy and assisted
3 reproduction; amending s. 63.213, F.S.; providing that
4 a preplanned adoption arrangement may not authorize
5 certain actions under certain circumstances; revising
6 required and prohibited preplanned adoption agreement
7 terms; requiring certain parties to have independent
8 legal representation by an attorney who meets certain
9 requirements; requiring a clerk of the court to
10 request and obtain certain background investigations
11 of specified parties under certain circumstances;
12 prohibiting the court from approving a proposed
13 adoption of a child under certain circumstances;
14 providing that the biological mother of a child
15 retains all parental rights to the child under certain
16 circumstances; defining the term “disqualified
17 person”; revising and deleting definitions; conforming
18 provisions to changes made by the act; creating s.
19 383.61, F.S.; defining terms; requiring the Agency for
20 Health Care Administration, in consultation with the
21 Department of Health, to adopt certain rules for donor
22 banks and fertility clinics by a specified date;
23 prohibiting a donor bank or fertility clinic from
24 operating without a license; providing an exception;
25 providing that licenses are valid for a specified
26 timeframe unless suspended or revoked for cause;
27 requiring donor banks, fertility clinics, and certain
28 health care practitioners to develop certain written
29 best practice policies by a specified date; requiring
30 such donor banks, fertility clinics, and health care
31 practitioners to submit such policies to specified
32 entities for annual review; requiring such donor
33 banks, fertility clinics, and health care
34 practitioners to clearly label specified material and
35 maintain all records for a specified timeframe;
36 requiring the agency to perform certain annual
37 inspections; providing administrative penalties for
38 donor banks and fertility clinics that violate certain
39 provisions; authorizing the agency to refer certain
40 violations to the department; requiring fertility
41 clinics to obtain express and informed consent from
42 all participants; requiring fertility clinics to
43 provide a certain written document to participants;
44 specifying the manner in which a participant gives
45 express and informed consent; requiring donor banks
46 and fertility clinics to immediately cease using
47 certain reproductive material under certain
48 circumstances; creating s. 402.89, F.S.; defining
49 terms; requiring surrogacy agencies to require all
50 participants to undergo certain mental health
51 evaluations; requiring that such evaluations be
52 repeated at specified intervals under certain
53 circumstances; requiring surrogacy agencies to require
54 donors, gestational surrogates, and surrogates to
55 undergo certain medical evaluations; specifying
56 requirements relating to such evaluations; requiring
57 surrogacy agencies to obtain level 2 security
58 background investigations for participants from the
59 Department of Children and Families through the Care
60 Provider Background Screening Clearinghouse; requiring
61 that such investigations be updated at specified
62 intervals under certain circumstances; specifying
63 requirements relating to such security background
64 investigations; requiring a surrogacy agency to
65 terminate any existing contract involving an
66 individual found to be a disqualified person and take
67 certain additional actions; requiring that a written
68 contract be made between a surrogacy agency and a
69 commissioning couple; specifying requirements for such
70 surrogacy contracts; requiring surrogacy agencies to
71 keep and maintain certain funds in separate accounts
72 and maintain a certain mechanism for a certain
73 purpose; requiring surrogacy agencies to establish
74 escrow accounts for a certain purpose; specifying
75 requirements for such escrow accounts and escrow
76 agents; specifying requirements for certain contracts
77 entered into by surrogacy agencies and participants;
78 requiring the Department of Children and Families to
79 adopt certain rules by a specified date; requiring
80 surrogacy agencies to apply for and maintain
81 certification issued by the department; providing that
82 such certification is valid for a specified timeframe
83 unless suspended or revoked for cause; requiring the
84 department to conduct certain inspections; authorizing
85 the department to impose corrective action plans or
86 administrative fines upon surrogacy agencies or
87 suspend or revoke surrogacy agency certification under
88 certain circumstances; requiring the department to
89 maintain a certain list of certified surrogacy
90 agencies; reordering and amending s. 742.13, F.S.;
91 defining the terms “disqualified person” and
92 “surrogate”; revising definitions; amending s. 742.15,
93 F.S.; requiring that a contract be made between a
94 commissioning couple and a gestational surrogate or
95 surrogate before engaging in gestational surrogacy or
96 surrogacy; providing the circumstances under which
97 such contract is binding and enforceable; requiring
98 that a surrogacy contract include certain provisions;
99 creating s. 742.155, F.S.; authorizing the
100 commissioning couple and prospective gestational
101 surrogate or surrogate to petition a court to validate
102 a surrogacy contract under certain circumstances;
103 authorizing the court to validate a surrogacy contract
104 under certain circumstances; providing the standard of
105 review for a court’s determination of whether to
106 validate a surrogacy contract; amending s. 742.16,
107 F.S.; requiring a commissioning couple to petition a
108 court in a certain circuit for an expedited
109 affirmation of parental status within a certain
110 timeframe after the birth of a child delivered by a
111 gestational surrogate or surrogate; requiring the
112 clerk of the court to request and obtain certain
113 security background investigations of specified
114 parties under certain circumstances; authorizing the
115 court to order the deletion of certain names from a
116 notice of hearing and from the copy of the petition
117 attached thereto under certain circumstances;
118 requiring the commissioning couple to give certain
119 notice of hearing to the surrogate; revising the
120 circumstances under which the court is required to
121 enter an order stating that the commissioning couple
122 are the legal parents of the child; requiring that the
123 gestational surrogate or surrogate be deemed the
124 natural mother of the child and have the right to
125 certain support under certain circumstances;
126 prohibiting the granting of time-sharing and parental
127 responsibility to the commissioning couple under
128 certain circumstances; providing that the consent of
129 the commissioning couple is not required for the
130 adoption of the child under certain circumstances;
131 providing an effective date.
132
133 Be It Enacted by the Legislature of the State of Florida:
134
135 Section 1. Section 63.213, Florida Statutes, is amended to
136 read:
137 63.213 Preplanned adoption agreement.—
138 (1) Individuals may enter into a preplanned adoption
139 arrangement as specified in this section, but
the
such
140 arrangement may not
do any of the following
in any way
:
141 (a) Effect final transfer of custody of a child or final
142 adoption of a child without review and approval of the court and
143 without compliance with other applicable provisions of law.
144 (b) Constitute consent of a
biological
mother to place her
145 biological child for adoption until 48 hours after the birth of
146 the child and unless the court making the custody determination
147 or approving the adoption determines that the mother was aware
148 of her right to rescind within the 48-hour period after the
149 birth of the child but chose not to rescind
her
such
consent.
150
The volunteer mother’s right to rescind her consent in a
151
preplanned adoption applies only when the child is genetically
152
related to her.
153
(c) Authorize the adoption of a child by an intended parent
154
who is a disqualified person.
155
(d) Authorize the adoption of a child conceived through a
156
gestational surrogacy or surrogacy arrangement
that
is governed
157
by s. 742.1
5
.
158 (2) A preplanned adoption agreement must include, but need
159 not be limited to,
all of
the following terms:
160 (a) That the
biological
volunteer
mother
is pregnant and
161 agrees to
become pregnant by the fertility technique specified
162
in the agreement, to
bear the child
,
and to terminate any
163 parental rights and responsibilities to the child she might have
164 through a written consent executed at the same time as the
165 preplanned adoption agreement
,
subject to a right of rescission
166
by the volunteer mother any time within 48 hours after the birth
167
of the child, if the volunteer mother is genetically related to
168
the child
.
169 (b) That the
biological
volunteer
mother agrees to submit
170 to reasonable medical evaluation and treatment and to adhere to
171 reasonable medical instructions about her prenatal health.
172 (c) That the
biological
volunteer
mother acknowledges that
173 she is aware that she will assume parental rights and
174 responsibilities for the child born to her as otherwise provided
175 by law for a mother if the intended father and intended mother
176 terminate the agreement before final transfer of custody is
177 completed
, if a court determines that a parent clearly specified
178
by the preplanned adoption agreement to be the biological parent
179
is not the biological parent,
or if the preplanned adoption is
180 not approved by the court pursuant to the Florida Adoption Act.
181 (d)
That an intended father who is also the biological
182
father acknowledges that he is aware that he will assume
183
parental rights and responsibilities for the child as otherwise
184
provided by law for a father if the agreement is terminated for
185
any reason by any party before final transfer of custody is
186
completed or if the planned adoption is not approved by the
187
court pursuant to the Florida Adoption Act.
188
(e)
That the intended father and intended mother
189 acknowledge that they may not receive custody or the parental
190 rights under the agreement if the
biological
volunteer
mother
191 terminates the agreement or
if the volunteer mother
rescinds her
192 consent to place her child for adoption within 48 hours after
193 the birth of the child
, if the volunteer mother is genetically
194
related to the child
.
195
(e)
(f)
That the intended father and intended mother may
196 agree to pay all reasonable legal, medical, psychological, or
197 psychiatric expenses of the
biological
volunteer
mother related
198 to the preplanned adoption arrangement and may agree to pay the
199 reasonable living expenses and wages lost due to the pregnancy
200 and birth of the
biological
volunteer
mother and reasonable
201 compensation for inconvenience, discomfort, and medical risk. No
202 other compensation, whether in cash or in kind,
may
shall
be
203 made pursuant to a preplanned adoption arrangement.
204
(f)
(g)
That the intended father and intended mother agree
205 to accept custody of and to assert full parental rights and
206 responsibilities for the child immediately upon the child’s
207 birth, regardless of any impairment to the child.
208
(h) That the intended father and intended mother shall have
209
the right to specify the blood and tissue typing tests to be
210
performed if the agreement specifies that at least one of them
211
is intended to be the biological parent of the child.
212
(g)
(i)
That the agreement may be terminated at any time by
213 any of the parties.
214
(h)
That the parties understand that the agreement is void
215
and that a court may not approve the proposed adoption if any
216
intended parent is a disqualified person as defined in this
217
section.
218 (3) A preplanned adoption agreement
may
shall
not contain
219 any provision:
220 (a) To reduce any amount paid to the
biological
volunteer
221 mother if the child is stillborn or is born alive but impaired,
222 or to provide for the payment of a supplement or bonus for any
223 reason.
224 (b) Requiring the termination of the
biological
volunteer
225 mother’s pregnancy.
226 (4)
A pregnant female and, if married, her spouse and the
227
intended parents must have independent legal representation by
228
an attorney who is a member
in good standing
of The Florida Bar
229
before entering into and throughout the duration of the
230
preplanned adoption agreement regarding the terms
and
potential
231
legal consequences of the agreement. Each attorney must be
232
identified in the preplanned adoption agreement. A single
233
attorney for the biological mother and her spouse, if married,
234
and a single attorney for the intended parents
are
sufficient to
235
meet this requirement
An attorney who represents an intended
236
father and intended mother or any other attorney with whom that
237
attorney is associated shall not represent simultaneously a
238
female who is or proposes to be a volunteer mother in any matter
239
relating to a preplanned adoption agreement or preplanned
240
adoption arrangement
.
241 (5) Payment to agents, finders, and intermediaries,
242 including attorneys and physicians, as a finder’s fee for
243 finding
biological
volunteer
mothers or matching a
biological
244
volunteer
mother and intended father and intended mother is
245 prohibited. Doctors, psychologists, attorneys, and other
246 professionals may receive reasonable compensation for their
247 professional services, such as providing medical services and
248 procedures, legal advice in structuring and negotiating a
249 preplanned adoption agreement, or counseling.
250 (6)
(a) After the intended parents petition a court for the
251
approval of the adoption of a child who is the subject of a
252
preplanned adoption agreement, the clerk of
the
court
shall
253
request and obtain a
l
evel 2 security background investigation
254
as described in s. 435.04 of each of the intended parents
from
255
the Department of Law Enforcement and provide the results to the
256
court.
257
(b) The court
shall
review the results of the security
258
background investigation and may not approve a proposed adoption
259
of a child
by
an intended parent who is a disqualified person.
260
(7) If a proposed adoption is denied because an intended
261
parent is a disqualified person, the biological mother retain
s
262
all parental rights to the child.
263
(8)
As used in this section, the term:
264 (a)
“Disqualified person” means a person who fails to meet
265
the
l
evel 2 screening standards under s. 435.04
“Blood and
266
tissue typing tests” include, but are not limited to, tests of
267
red cell antigens, red cell isoenzymes, human leukocyte
268
antigens, and serum proteins
.
269
(b) “Child” means the child or children conceived by means
270
of a fertility technique that is part of a preplanned adoption
271
arrangement.
272
(c)
“Fertility technique” means artificial embryonation,
273
artificial insemination, whether in vivo or in vitro, egg
274
donation, or embryo adoption.
275
(b)
(d)
“Intended father” means a male who
, as evidenced by
276
a preplanned adoption agreement,
intends to assert the parental
277 rights and responsibilities for a child
who is the subject of a
278
preplanned adoption agreement
conceived through a fertility
279
technique, regardless of whether the child is biologically
280
related to the male
.
281
(c)
(e)
“Intended mother” means a female who
, as evidenced
282
by a preplanned adoption agreement,
intends to assert the
283 parental rights and responsibilities for a child
who is the
284
subject of a preplanned adoption agreement
conceived through a
285
fertility technique, regardless of whether the child is
286
biologically related to the female
.
287
(d)
(f)
“Party” means the intended father, the intended
288 mother, the
biological
volunteer
mother, or the
biological
289
volunteer
mother’s husband, if she has a husband.
290
(e)
(g)
“Preplanned adoption agreement” means a written
291 agreement among the parties
which
that
specifies the intent of
292 the parties as to their rights and responsibilities in the
293 preplanned adoption arrangement, consistent with the provisions
294 of this section.
295
(f)
(h)
“Preplanned adoption arrangement” means the
296 arrangement through which the parties enter into an agreement
297 for the
biological
volunteer
mother to bear the child, for
298 payment by the intended father and intended mother of the
299 expenses allowed by this section, for the intended father and
300 intended mother to assert full parental rights and
301 responsibilities to the child if consent to adoption is not
302 rescinded after birth by a
biological
volunteer
mother
who is
303
genetically related to the child
, and for the
biological
304
volunteer
mother to terminate, subject to any right of
305 rescission, all her parental rights and responsibilities to the
306 child in favor of the intended father and intended mother.
307
(i) “Volunteer mother” means a female at least 18 years of
308
age who voluntarily agrees, subject to a right of rescission if
309
it is her biological child, that if she should become pregnant
310
pursuant to a preplanned adoption arrangement, she will
311
terminate her parental rights and responsibilities to the child
312
in favor of the intended father and intended mother.
313 Section 2. Section 383.61, Florida Statutes, is created to
314 read:
315
383.61 Assisted reproduction facilities.—
316
(1)
DEFINITIONS.—
As used in this section, the term:
317
(a) “Agency” means the Agency for Health Care
318
Administration.
319
(
b
) “Assisted reproductive technology” means procreative
320
procedures
which
involve the laboratory handling of human eggs,
321
sperm, or
preembryos, including, but not limited to, in vitro
322
fertilization embryo transfer, gamete intrafallopian transfer,
323
pronuclear stage transfer, tubal embryo transfer, and zygote
324
intrafallopian transfer.
325
(
c
) “Commissioning couple” means the intended father and
326
mother of a child who will be conceived by means of assisted
327
reproductive technology using the eggs or sperm of at least one
328
of the intended parents.
329
(
d
) “Department” means the Department of Health.
330
(
e
) “Disqualified person” means a person who fails to meet
331
the
l
evel 2 screening standards under s. 435.04.
332
(
f
) “Donor” means a person who donates reproductive
333
material, regardless of whether
the donation is
for personal use
334
or
for
compensation. The term does not include an intended
335
mother or intended father who provides
eggs or sperm,
336
respectively,
to be used for assisted reproduction.
337
(
g
) “Donor bank” means any facility that collects
338
reproductive material from donors for use by a fertility clinic.
339
(
h
) “Egg” means the unfertilized female reproductive cell.
340
(
i
) “Fertility clinic” means a facility in which
341
reproductive materials are subject to assisted reproductive
342
technology for the purpose of implantation.
343
(
j
) “Health care practitioner” has the same meaning as in
344
s. 456.001.
345
(
k
) “Preembryo” means the product of fertilization of an
346
egg by a sperm until the appearance of the embryonic axis.
347
(
l
) “Recipient” means a person who receives, through
348
implantation, reproductive material from a donor.
349
(
m
) “Reproductive material” means any human egg,
sperm, or
350
preembryo.
351
(
n
) “Sperm” means the male reproductive cell.
352
(
o
) “Surrogacy agency” means a person who is certified
353
pursuant to s. 402.89 and
is in the business of
match
ing
,
354
supervis
ing
, or coordinat
ing
intended parents, gestational
355
surrogates, and surrogates
as defined in s. 402.89
; provid
ing
356
case management, screen
ing
, or counsel
ing services to
intended
357
parents, gestational surrogates, or surrogates
;
or refer
ring
358
intended parents, gestational surrogates, and surrogates to
359
third-party reproductive services.
360
(p) “Third-party reproductive services” means
services
361
offered by a donor bank or fertility clinic licensed under
this
362
section
related to the use of eggs, sperm, or preembryos that
363
have been donated by a person to enable a couple to become
364
parents. The term includes services related to gestational
365
surrogacy and surrogacy arrangements.
366
(2)
RULES.—By
December 31, 2026, the agency, in
367
consultation with the department, shall adopt rules establishing
368
all of
the following for donor banks and fertility clinics:
369
(a) Minimum laboratory standards for embryology,
370
cryopreservation, and specimen handling.
371
(b) Minimum training requirements for embryologists and
372
laboratory staff.
373
(c) Licens
ure application and
renewal procedures and
374
documentation requirements.
375
(d) Sanitation and infection
control requirements.
376
(e) Standards for storing, monitoring, and securing
377
reproductive material.
378
(f) The format and required content of patient 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
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
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 parental
436
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 pursuant
439
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 right
449
to receive a copy of
the document
.
450
(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
l
evel 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
(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
pre
embryos 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
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 a
ll
participant
s
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
l
evel 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
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
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 the
553
compensation of a
donor,
gestational surrogate,
or
surrogate
i
n
554
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 requires
557
or receives payment from a participant shall establish and
558
maintain a mechanism for ensuring that those funds are properly
559
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 account
568
in a bank, savings and loan association, or trust company
569
incorporated under the laws of this state
or with an attorney
570
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
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
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)
T
he participant’s total payment obligation for services
606
to be received pursuant to the contract.
607
(b)
T
he agreed-upon payment plan
,
if the contract calls for
608
payment in installments.
609
(c)
A
ll contracted
services, set forth in specific terms
.
610
(d) Prescribe
d
in bold-faced type and under conspicuous
611
caption
,
all cancellation provisions of the contract.
612
(e)
T
he 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 adopt
615
rules to implement this section and establish minimum standards
616
for the certification and operation of surrogacy agencies. The
617
rules must include, at a minimum
, all of the following
:
618
(a) Requirements for screening of participants.
619
(b) Requirements for background screening of surrogacy
620
agency personnel.
621
(c) Financial responsibility standards.
622
(d) Confidentiality and recordkeeping standards, including
623
retention of records.
624
(e) Training requirements for surrogacy agency staff on
625
surrogacy ethics, legal risks, counseling, and conflict
626
management.
627
(f) Procedures for complaint handling, corrective action
628
plans, and sanctions.
629
(6) CERTIFICATION.—
630
(a) A surrogacy agency operating in this state must apply
631
for and maintain certification issued by the department.
632
Surrogacy agencies in operation as of the date that rules
633
initially adopted under this section become effective shall have
634
6 months from
that
date to become certified. A certification is
635
valid for 2 years, unless suspended or revoked for cause. The
636
department shall inspect a surrogacy agency
applying for
637
certification
before initial certification, and at least
638
annually thereafter, to verify compliance with certification
639
standards.
640
(b) If a surrogacy agency fails to comply with this section
641
or the rules adopted under this section, the department may take
642
administrative action
,
including, but not limited to,
643
authorization of
continued operation under a corrective action
644
plan
,
imposition of administrative fines
,
and suspension or
645
revocation of certification.
646
(7)
CERTIFIED SURROGACY AGENCIES LIST.—
The department shall
647
maintain a publicly accessible list of certified surrogacy
648
agencies, including
the
certification status
of such agencies.
649 Section 4. Section 742.13, Florida Statutes, is reordered
650 and amended to read:
651 742.13 Definitions.—As used in ss. 742.11-742.17, the term:
652 (1) “Assisted reproductive technology” means those
653 procreative procedures which involve the laboratory handling of
654 human eggs
,
sperm,
or preembryos, including, but not limited to,
655 in vitro fertilization embryo transfer, gamete intrafallopian
656 transfer, pronuclear stage transfer, tubal embryo transfer, and
657 zygote intrafallopian transfer.
658 (2) “Commissioning couple” means the intended mother and
659 father of a child who will be conceived by means of assisted
660 reproductive technology
using the eggs or sperm of at least one
661
of the intended parents
.
662
(3)
“
Disqualified person” means a person who fails to meet
663
the
l
evel 2 screening standards under s. 435.04.
664
(4)
(3)
“Egg” means the unfertilized female reproductive
665 cell.
666
(5)
(4)
“Fertilization” means the initial union of an egg
667 and sperm.
668
(
8
)
(5)
“Gestational surrogate” means a woman who contracts
669 to become pregnant by means of assisted reproductive technology
670 without the use of an egg from her body
and with
the use of
an
671
egg or sperm
from
the commissioning couple
.
672
(7)
(6)
“Gestational surrogacy” means a state that results
673 from a process in which a commissioning couple’s eggs or sperm,
674 or both, are mixed in vitro and the resulting preembryo is
675 implanted within another woman’s body.
676
(
15
)
(7)
“
Gestational
Surrogacy contract” means a written
677 agreement between the gestational surrogate
or surrogate
and the
678 commissioning couple.
679
(6)
(8)
“Gamete intrafallopian transfer” means the direct
680 transfer of eggs and sperm into the fallopian tube prior to
681 fertilization.
682 (9) “Implantation” means the event that occurs when a
683 fertilized egg adheres to the uterine wall for nourishment.
684 (10) “In vitro” refers to a laboratory procedure performed
685 in an artificial environment outside a woman’s body.
686 (11) “In vitro fertilization embryo transfer” means the
687 transfer of an in vitro fertilized preembryo into a woman’s
688 uterus.
689 (12) “Preembryo” means the product of fertilization of an
690 egg by a sperm until the appearance of the embryonic axis.
691 (13) “Pronuclear stage transfer” or “zygote intrafallopian
692 transfer” means the transfer of an in vitro fertilized preembryo
693 into the fallopian tube before cell division takes place.
694 (14) “Sperm” means the male reproductive cell.
695
(16)
“Surrogate” means a woman who contracts to become
696
pregnant by means of assisted reproductive technology with the
697
use of an egg from her body.
698
(17)
(15)
“Tubal embryo transfer” means the transfer of a
699 dividing, in vitro fertilized preembryo into the fallopian tube.
700 Section 5. Subsections (1), (2), and (3) of section 742.15,
701 Florida Statutes, are amended to read:
702 742.15
Gestational
Surrogacy contract.—
703 (1)
Before
Prior to
engaging in gestational surrogacy
or
704
surrogacy
, a binding and enforceable
gestational
surrogacy
705 contract
must
shall
be made between the commissioning couple and
706 the gestational surrogate
or surrogate
. A contract for
707
gestational
surrogacy
is
shall
not
be
binding and enforceable
708 unless
:
709
(a)
The gestational surrogate
or surrogate
is 18 years of
710 age or older
and
is
not a disqualified person
;
and
711
(b)
The commissioning couple are legally married and are
712 both 18 years of age or older
;
713
(c) Neither member of the commissioning couple
is
a
714
disqualified person;
715
(d) Each member of the
commissioning
couple
is a
United
716
States citizen,
a
lawful and permanent resident of the United
717
States, or domiciled in
this state
and lawfully present in the
718
United States under federal law;
719
(e)
The gestational surrogate or surrogate is domiciled in
720
this state
and is a United States citizen or lawful permanent
721
resident of the United States;
and
722
(f)
The contract was drafted by an attorney who is
a member
723
in good standing of
The Florida Bar
.
724 (2) The commissioning couple
may
shall
enter into a
725 contract with a gestational surrogate only
if
when
, within
726 reasonable medical certainty as determined
and stated in a
727
written statement under oath
by a physician licensed under
728 chapter 458 or chapter 459:
729 (a) The commissioning mother cannot physically gestate a
730 pregnancy to term;
731 (b) The gestation will cause a risk to the physical health
732 of the commissioning mother; or
733 (c) The gestation will cause a risk to the health of the
734 fetus.
735 (3) A
gestational
surrogacy contract must include the
736 following provisions
, as applicable
:
737 (a) The commissioning couple agrees that the gestational
738 surrogate
or surrogate is
shall be
the sole source of consent
739 with respect to clinical intervention and management of the
740 pregnancy.
741 (b) The gestational surrogate
or surrogate
agrees to submit
742 to reasonable medical evaluation and treatment and to adhere to
743 reasonable medical instructions about her prenatal health.
744 (c)
The commissioning couple agrees not to reduce any
745
amount paid to the gestational surrogate or surrogate if the
746
child is stillborn or is born alive but impaired, or to provide
747
for the payment of a supplement or bonus for any reason.
748
(d) The commissioning couple agrees that they may not
749
require the termination of the gestational surrogate’s or
750
surrogate’s pregnancy.
751
(e)
Except as provided in paragraph
(g)
(e)
, the
752 gestational surrogate
or surrogate
agrees to relinquish any
753 parental rights upon the child’s birth and to proceed with the
754 judicial proceedings prescribed under s. 742.16.
755
(f)
(d)
Except as provided in paragraph
(g)
(e)
, the
756 commissioning couple agrees to accept custody of and to assume
757 full parental rights and responsibilities for the child
758 immediately upon the child’s birth, regardless of any impairment
759 of the child.
760
(g)
(e)
The gestational surrogate agrees to assume parental
761 rights and responsibilities for the child born to her if it is
762 determined that neither member of the commissioning couple is
763 the genetic parent of the child.
764
(h)
The parties understand that the surrogacy contract is
765
void and that a court may not affirm the parentage of the
766
commissioning couple if a member of the commissioning couple is
767
a disqualified person as defined in s. 742.13.
768 Section 6. Section 742.155, Florida Statutes, is created to
769 read:
770
742.155 Preconception validation of surrogacy contract.—
771
(1) The
commissioning couple
and the prospective
772
gestational surrogate or surrogate may petition a court to
773
validate a surrogacy
contract
if:
774
(a) The prospective gestational surrogate or surrogate or
775
the
commissioning couple
ha
s
resided in this state for the 90
776
day
period
preceding the date the petition is filed;
777
(b) The prospective gestational surrogate’s or surrogate’s
778
husband, if she is married, is joined as a party to the
779
proceeding; and
780
(c) A copy of the surrogacy
contract
is attached to the
781
petition.
782
(
2
) The court may validate a surrogacy
contract
as provided
783
by subsection (
3
) only if the court finds that:
784
(a) The medical evidence provided for a
contract
with a
785
gestational surrogate shows that:
786
1. The commissioning mother cannot physically gestate a
787
pregnancy to term;
788
2. The gestation will cause a risk to the physical health
789
of the commissioning mother; or
790
3. The gestation will cause a risk to the health of the
791
fetus
;
792
(b) A favorable preliminary home study of the intended
793
parents has been performed consistent with s. 63.092;
794
(
c
)
E
ach party to the
contrac
t has voluntarily entered into
795
and understands the terms of the
contract
;
796
(d) The contract includes the provisions required by s.
797
742.15 and does not include any prohibited provisions;
798
(
e
)
None of the parties to the contract are disqualified
799
persons; and
800
(f) T
he parties have adequately
specified
which party is
801
responsible for all reasonable health care expenses associated
802
with the pregnancy, including
specifying which party
is
803
responsible for
such
expenses if the
contract
is terminated.
804
(
3
)
If the court finds that the requirements of
s
ubsection
805
(
2
) are satisfied, the court may render an order validating the
806
surrogacy
contract
and declaring that the
commissioning couple
807
will be the parents of a child born under the agreement
, except
808
as provided in s. 742.16 relating to proceedings to affirm the
809
parental status of a child conceived through gestational
810
surrogacy or surrogacy
.
811
(
4
)
The court may validate the
surrogacy
contract
at the
812
court’s discretion. The court’s determination of whether to
813
validate the
surrogacy contract
is subject to review only for
814
abuse of discretion
.
815 Section 7. Present subsections (7), (8), and (9) of section
816 742.16, Florida Statutes, are redesignated as subsections (8),
817 (9), and (10), respectively, a new subsection (7) is added to
818 that section, and subsections (1) and (3), paragraph (a) of
819 subsection (4), subsection (6), and present subsections (7) and
820 (8) of that section are amended, to read:
821 742.16 Expedited affirmation of parental status for
822
gestational
surrogacy.—
823 (1) Within 3 days after the birth of a child delivered of a
824 gestational surrogate
or surrogate
, the commissioning couple
825 shall petition a court of competent jurisdiction
in the circuit
826
where the commissioning couple or gestational surrogate or
827
surrogate resides
for an expedited affirmation of parental
828 status.
After a commissioning couple petitions
the
court for the
829
affirmation of parental status, the clerk of
the
court
shall
830
request and obtain a
level 2
security background investigation
831
as described in s. 435.04
of
the commissioning couple
from the
832
Department of Law Enforcement and provide the results to the
833
court.
834 (3) Upon a showing by the commissioning couple
,
or
the
835 child
,
or the gestational surrogate
or surrogate
that privacy
836 rights may be endangered, the court may order the names of the
837 commissioning couple
,
or
the child
,
or the gestational surrogate
838
or surrogate
, or any combination thereof, to be deleted from the
839 notice of hearing and from the copy of the petition attached
840 thereto, provided the substantive rights of any person will not
841 thereby be affected.
842 (4) Notice of the hearing shall be given by the
843 commissioning couple to:
844 (a) The gestational surrogate
or surrogate
.
845 (6) The commissioning couple or their legal representative
846 shall appear at the hearing on the petition. At the conclusion
847 of the hearing,
the court shall enter an order stating that the
848
commissioning couple are the legal parents of the child if the
849
court determines that:
850
(a)
after the court has determined that
A binding and
851 enforceable
gestational
surrogacy contract has been executed
852 pursuant to s. 742.15
;
853
(b)
and that
At least one member of the commissioning
854 couple is the genetic parent of the child,
if the child was to
855
have been conceived pursuant to a surrogacy contract with a
856
gestational surrogate; and
857
(c)
Neither the intended mother nor the intended father
is
858
a disqualified person
the court shall enter an order stating
859
that the commissioning couple are the legal parents of the
860
child
.
861
(7)
If the affirmation of parentage is denied because a
862
member of the commissioning couple is
a disqualified person:
863
(a) The gestational surrogate or surrogate shall be deemed
864
the natural mother of the child and have the right to child
865
support from the commissioning couple;
866
(b) The commissioning couple may not be granted time
867
sharing or parental responsibility
;
and
868
(c) T
he consent of the commissioning couple is not required
869
for the adoption of the child.
870
(8)
(7)
If
When
at least one member of the commissioning
871 couple is the genetic parent of the child
born to a gestational
872
surrogate or surrogate
, the commissioning couple shall be
873 presumed to be the natural parents of the child.
874
(9)
(8)
Within 30 days after entry of the order
affirming
875
the parental status of the commissioning couple
, the clerk of
876 the court shall prepare a certified statement of the order for
877 the state registrar of vital statistics on a form provided by
878 the registrar. The court shall thereupon enter an order
879 requiring the Department of Health to issue a new birth
880 certificate naming the commissioning couple as parents and
881 requiring the department to seal the original birth certificate.
882 Section 8. This act shall take effect July 1, 2026.