H 1487

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    HB 1487  2026
1A bill to be entitled
2An act relating to surrogacy and assisted
3reproduction; amending s. 63.213, F.S.; providing that
4a preplanned adoption arrangement may not authorize
5certain actions under certain circumstances; revising
6required and prohibited preplanned adoption agreement
7terms; requiring certain parties to have independent
8legal representation by an attorney who meets certain
9requirements; requiring a clerk of the court to
10request and obtain certain background investigations
11of specified parties under certain circumstances;
12prohibiting the court from approving a proposed
13adoption of a child under certain circumstances;
14providing that the biological mother of a child
15retains all parental rights to the child under certain
16circumstances; defining the term "disqualified
17person"; revising and deleting definitions; conforming
18provisions to changes made by the act; creating s.
19383.61, F.S.; defining terms; requiring the Agency for
20Health Care Administration, in consultation with the
21Department of Health, to adopt certain rules for donor
22banks and fertility clinics by a specified date;
23prohibiting a donor bank or fertility clinic from
24operating without a license; providing an exception;
25providing that licenses are valid for a specified
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26timeframe unless suspended or revoked for cause;
27requiring donor banks, fertility clinics, and certain
28health care practitioners to develop certain written
29best practice policies by a specified date; requiring
30such donor banks, fertility clinics, and health care
31practitioners to submit such policies to specified
32entities for annual review; requiring such donor
33banks, fertility clinics, and health care
34practitioners to clearly label specified material and
35maintain all records for a specified timeframe;
36requiring the agency to perform certain annual
37inspections; providing administrative penalties for
38donor banks and fertility clinics that violate certain
39provisions; authorizing the agency to refer certain
40violations to the department; requiring fertility
41clinics to obtain express and informed consent from
42all participants; requiring fertility clinics to
43provide a certain written document to participants;
44specifying the manner in which a participant gives
45express and informed consent; requiring donor banks
46and fertility clinics to immediately cease using
47certain reproductive material under certain
48circumstances; creating s. 402.89, F.S.; defining
49terms; requiring surrogacy agencies to require all
50participants to undergo certain mental health
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51evaluations; requiring that such evaluations be
52repeated at specified intervals under certain
53circumstances; requiring surrogacy agencies to require
54donors, gestational surrogates, and surrogates to
55undergo certain medical evaluations; specifying
56requirements relating to such evaluations; requiring
57surrogacy agencies to obtain level 2 security
58background investigations for participants from the
59Department of Children and Families through the Care
60Provider Background Screening Clearinghouse; requiring
61that such investigations be updated at specified
62intervals under certain circumstances; specifying
63requirements relating to such security background
64investigations; requiring a surrogacy agency to
65terminate any existing contract involving an
66individual found to be a disqualified person and take
67certain additional actions; requiring that a written
68contract be made between a surrogacy agency and a
69commissioning couple; specifying requirements for such
70surrogacy contracts; requiring surrogacy agencies to
71keep and maintain certain funds in separate accounts
72and maintain a certain mechanism for a certain
73purpose; requiring surrogacy agencies to establish
74escrow accounts for a certain purpose; specifying
75requirements for such escrow accounts and escrow
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76agents; specifying requirements for certain contracts
77entered into by surrogacy agencies and participants;
78requiring the Department of Children and Families to
79adopt certain rules by a specified date; requiring
80surrogacy agencies to apply for and maintain
81certification issued by the department; providing that
82such certification is valid for a specified timeframe
83unless suspended or revoked for cause; requiring the
84department to conduct certain inspections; authorizing
85the department to impose corrective action plans or
86administrative fines upon surrogacy agencies or
87suspend or revoke surrogacy agency certification under
88certain circumstances; requiring the department to
89maintain a certain list of certified surrogacy
90agencies; reordering and amending s. 742.13, F.S.;
91defining the terms "disqualified person" and
92"surrogate"; revising definitions; amending s. 742.15,
93F.S.; requiring that a contract be made between a
94commissioning couple and a gestational surrogate or
95surrogate before engaging in gestational surrogacy or
96surrogacy; providing the circumstances under which
97such contract is binding and enforceable; requiring
98that a surrogacy contract include certain provisions;
99creating s. 742.155, F.S.; authorizing the
100commissioning couple and prospective gestational
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101surrogate or surrogate to petition a court to validate
102a surrogacy contract under certain circumstances;
103authorizing the court to validate a surrogacy contract
104under certain circumstances; providing the standard of
105review for a court's determination of whether to
106validate a surrogacy contract; amending s. 742.16,
107F.S.; requiring a commissioning couple to petition a
108court in a certain circuit for an expedited
109affirmation of parental status within a certain
110timeframe after the birth of a child delivered by a
111gestational surrogate or surrogate; requiring the
112clerk of the court to request and obtain certain
113security background investigations of specified
114parties under certain circumstances; authorizing the
115court to order the deletion of certain names from a
116notice of hearing and from the copy of the petition
117attached thereto under certain circumstances;
118requiring the commissioning couple to give certain
119notice of hearing to the surrogate; revising the
120circumstances under which the court is required to
121enter an order stating that the commissioning couple
122are the legal parents of the child; requiring that the
123gestational surrogate or surrogate be deemed the
124natural mother of the child and have the right to
125certain support under certain circumstances;
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126prohibiting the granting of time-sharing and parental
127responsibility to the commissioning couple under
128certain circumstances; providing that the consent of
129the commissioning couple is not required for the
130adoption of the child under certain circumstances;
131providing an effective date.
132
133    Be It Enacted by the Legislature of the State of Florida:
134
135Section 1.       Section 63.213, Florida Statutes, is amended to
136    read:
13763.213      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
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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
154    parent 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. 742.15.
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
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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
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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
209    have the right to specify the blood and tissue typing tests to
210    be performed if the agreement specifies that at least one of
211    them 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.
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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
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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 level 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 retains
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 level 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
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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
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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.
313Section 2.       Section 383.61, Florida Statutes, is created to
314    read:
315383.61      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
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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 level 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.
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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 matching,
354    supervising, or coordinating intended parents, gestational
355    surrogates, and surrogates as defined in s. 402.89; providing
356    case management, screening, or counseling services to intended
357    parents, gestational surrogates, or surrogates; or referring
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)     Licensure application and renewal procedures and
374    documentation requirements.
375(d)     Sanitation and infection control requirements.
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376(e)     Standards for storing, monitoring, and securing
377    reproductive material.
378(f)     The format and required content of patient
379    disclosures.
380(g)     Incident reporting procedures and thresholds.
381(3)     LICENSURE.—A donor bank or fertility clinic may not
382    operate without a license issued by the agency under this
383    section. Donor banks and fertility clinics in operation as of
384    the date that rules initially adopted under this section become
385    effective shall have 6 months from that date to become licensed.
386    A license is valid for 2 years unless suspended or revoked for
387    cause.
388(4)     BEST PRACTICE POLICIES.—
389(a)     By January 1, 2027, each donor bank, fertility clinic,
390    and health care practitioner who provides assisted reproductive
391    technology in this state shall develop written best practice
392    policies consistent with 42 U.S.C. s. 263a(f).
393(b)     Such best practice policies must be submitted to the
394    appropriate licensing agency or department annually for review.
395(c)     All reproductive material stored by a donor bank,
396    fertility clinic, or health care practitioner must be clearly
397    labeled.
398(d)     A donor bank, fertility clinic, or health care
399    practitioner shall maintain all records for at least 30 years.
400(5)     INSPECTIONS.—The agency shall perform annual
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401    inspections of donor banks and fertility clinics.
402(6)     PENALTIES.—A donor bank or fertility clinic in
403    violation of subsection (3) or subsection (4) is subject to the
404    penalties provided in s. 400.995. The agency may refer
405    violations involving health care practitioners to the department
406    for disciplinary action under chapter 456.
407(7)      DISCLOSURE REQUIREMENTS.—A fertility clinic shall
408    obtain express and informed consent from all participants
409    regarding the proposed treatment, procedure, or process related
410    to services that will be provided by the clinic.
411(a)      A fertility clinic shall provide to a participant a
412    written document that is in plain language and includes, at a
413    minimum, all of the following:
4141.      A description of the known and potential risks,
415    consequences, and benefits of assisted reproductive technology.
4162.      A statement that there may be foreseen or unforeseen
417    legal consequences and that it is advisable to seek independent
418    legal counsel.
4193.      A description of applicable confidentiality protections
420    and a statement that such protections apply to the extent
421    allowed by law.
4224.      A statement that a participant has access to all of his
423    or her medical records to the extent allowed by law and may
424    request copies of such records from the fertility clinic. The
425    fertility clinic may charge reasonable fees for copies of such
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426    records as authorized by law.
4275.      If applicable, a disclosure that a commissioning couple
428    has the right to access a summary of medical and psychological
429    information about donors and gestational surrogates.
4306.      The policy of the fertility clinic, if applicable,
431    regarding the number of embryos transferred and any limitation
432    on the number of embryos transferred, as well as the existence
433    of national guidelines as published by the American Society for
434    Reproductive Medicine and the Society for Assisted Reproductive
435    Technology.
4367.      Information generally explaining and clarifying
437    parental rights of all participants.
4388.      Any other disclosures required by state or federal law.
4399.      A statement that all disclosures have been made
440    pursuant to this subsection.
441(b)      A participant gives express and informed consent by
442    signing the written document required under paragraph (a). In
443    order for the express and informed consent to be valid, the
444    document must meet all of the following requirements:
4451.      Be dated and signed by the fertility clinic and the
446    participant.
4472.      Specify the length of time that the consent remains
448    valid.
4493.      Advise the participant signing the document of the
450    right to receive a copy of the document.
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451(8)     NOTICE OF DISQUALIFIED PERSON.—If a donor bank or
452    fertility clinic receives notice from a surrogacy agency that a
453    donor, a participant, or an intended parent is a disqualified
454    person, the donor bank or fertility clinic must immediately
455    cease using any reproductive material retained by the donor bank
456    or fertility clinic pertaining to that individual.
457Section 3.       Section 402.89, Florida Statutes, is created to
458    read:
459402.89      Surrogacy agencies.—
460(1)     DEFINITIONS.—As used in this section, the term:
461(a)     "Commissioning couple" means the intended father and
462    mother of a child who will be conceived by means of assisted
463    reproductive technology as defined in s. 383.61 using the eggs
464    or sperm of at least one of the intended parents.
465(b)     "Department" means the Department of Children and
466    Families.
467(c)     "Disqualified person" means a person who fails to meet
468    the level 2 screening standards under s. 435.04.
469(d)     "Gestational surrogate" means a woman who contracts to
470    become pregnant by means of assisted reproductive technology as
471    defined in s. 383.61 without the use of an egg from her body and
472    with the use of an egg or sperm from the commissioning couple.
473(e)     "Participant" means an individual who provides a
474    biological or genetic component of assisted reproduction or a
475    commissioning couple.
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476(f)     "Surrogacy agency" means a person who is in the
477    business of matching, supervising, or coordinating intended
478    parents and surrogates; providing case management, screening, or
479    counseling services to commissioning couples or surrogates; or
480    referring commissioning couples and surrogates to third-party
481    reproductive services.
482(g)     "Surrogacy contract" means a written agreement between
483    the commissioning couple and the gestational surrogate or
484    surrogate.
485(h)     "Surrogate" means a woman who contracts to become
486    pregnant by means of assisted reproductive technology as defined
487    in s. 383.61 with the use of an egg from her body.
488(i)     "Third-party reproductive services" means services
489    offered by a donor bank or fertility clinic licensed under s.
490    383.61 related to the use of eggs, sperm, or preembryos that
491    have been donated by a person to enable a couple to become
492    parents. The term includes services related to gestational
493    surrogacy and surrogacy arrangements.
494(2)     GENERAL REQUIREMENTS.—A surrogacy agency shall do all
495    of the following:
496(a)     Require all participants to undergo a mental health
497    evaluation by a mental health professional licensed under
498    chapter 490 or chapter 491, and to undergo a subsequent
499    evaluation every 2 years thereafter as long as the participant
500    remains in the surrogacy agency's database or continues to
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501    contract for services with the surrogacy agency. The surrogacy
502    agency shall request from the mental health professional
503    performing the evaluation a written statement that the mental
504    health professional has met with and cleared the participant for
505    continued participation in the surrogacy process. The surrogacy
506    agency shall retain a copy of the written statement for each
507    participant. The surrogacy agency shall require all participants
508    to sign a release authorizing the surrogacy agency to obtain the
509    results of the mental health evaluation.
510(b)     Require all donors, gestational surrogates, and
511    surrogates to undergo a medical evaluation by a physician
512    licensed under chapter 458 or chapter 459. The surrogacy agency
513    shall request from the physician performing the evaluation a
514    written statement that the physician has met with and cleared
515    the donor, gestational surrogate, or surrogate for continued
516    participation in the surrogacy process. The surrogacy agency
517    shall retain a copy of the written statement for each donor,
518    gestational surrogate, or surrogate. The surrogacy agency shall
519    require all donors, gestational surrogates, and surrogates to
520    sign a release authorizing the surrogacy agency to obtain the
521    results of the medical evaluation.
522(c)     Obtain a level 2 security background investigation
523    consistent with s. 435.04 from the department through the Care
524    Provider Background Screening Clearinghouse under s. 435.12, and
525    obtain an updated security background investigation every 5
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526    years thereafter as long as the participant remains in the
527    surrogacy agency's database or is still contracting for services
528    with the surrogacy agency.
5291.      For a donor or surrogate, the surrogacy agency shall
530    obtain the security background investigation before listing the
531    donor or surrogate in the surrogacy agency's database of
532    potential donors or surrogates.
5332.      For a commissioning couple, the surrogacy agency shall
534    obtain the security background investigation before entering
535    into a contract with the commissioning couple to provide
536    database or matching services or referrals for third-party
537    reproductive services.
5383.      If the security background investigation finds that an
539    individual is a disqualified person, the surrogacy agency must
540    terminate any existing contract involving the individual, remove
541    the individual from the surrogacy agency's database, and notify
542    the donor bank or fertility clinic of the individual's status as
543    a disqualified person.
544(d)      Require a written contract as provided in subsection
545    (4) between the commissioning couple and the surrogacy agency.
546(e)      Require that all surrogacy contracts pursuant to s.
547    742.15 between the commissioning couple and the gestational
548    surrogate or surrogate be in writing and require the
549    commissioning couple and gestational surrogate or surrogate to
550    undergo a legal consultation with an attorney who is a member in
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551    good standing of The Florida Bar regarding the terms and
552    potential legal consequences of the surrogacy contract.
553(f)     Keep and maintain all funds that are to be used for
554    the compensation of a donor, gestational surrogate, or surrogate
555    in an account that is separate and apart from the surrogacy
556    agency's business accounts as specified in subsection (3).
557(3)     SECURITY REQUIREMENTS.—A surrogacy agency that
558    requires or receives payment from a participant shall establish
559    and maintain a mechanism for ensuring that those funds are
560    properly maintained.
561(a)     The surrogacy agency shall establish an escrow account
562    with an independent escrow agent and deposit into the account
563    all payments received by the surrogacy agency from a
564    commissioning couple. The surrogacy agency is not required to
565    deposit into the escrow account payments received from a
566    commissioning couple which relate to the compensation and
567    operation of the agency.
568(b)     The surrogacy agency shall establish the escrow
569    account in a bank, savings and loan association, or trust
570    company incorporated under the laws of this state or with an
571    attorney who is a member in good standing of The Florida Bar.
572(c)     The escrow agent shall disburse funds from the escrow
573    account only upon receipt of an affidavit from the surrogacy
574    agency specifying the purpose for which the disbursement is
575    requested. The escrow agent is entitled to rely upon the
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576    affidavit of the surrogacy agency and has no obligation to
577    independently ascertain the propriety of the requested
578    disbursement so long as the escrow agent has no actual knowledge
579    that the affidavit is false in any respect. The escrow agent
580    shall retain all affidavits received pursuant to this paragraph
581    for 5 years.
582(d)     The escrow agent shall maintain the account in such a
583    manner that it is under the direct supervision and control of
584    the escrow agent. The escrow agent has a fiduciary duty to each
585    participant to maintain the escrow account in accordance with
586    good accounting principles and to release funds from escrow only
587    in accordance with this subsection. If the escrow agent receives
588    conflicting demands for the escrowed funds, the escrow agent may
589    not disburse any funds and must immediately notify the surrogacy
590    agency and the affected participant of the dispute.
591(e)     Failure of a surrogacy agency to place funds in an
592    escrow account within 10 days after receipt of the funds is
593    prima facie evidence of a violation of this subsection.
594(4)     CONTRACT REQUIREMENTS.—A contract entered into by a
595    surrogacy agency and a participant to provide database or
596    matching services or referrals for third-party reproductive
597    services must be in writing. The written contract must contain
598    all provisions, requirements, and prohibitions required by this
599    subsection before it is signed by the participant. The surrogacy
600    agency shall provide a copy of the signed contract to the
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601    participant at the time the participant signs the contract and
602    shall provide another copy to the donor bank or fertility clinic
603    licensed under s. 383.61. A contract to provide database or
604    matching services or referrals for third-party reproductive
605    services must include all of the following:
606(a)     The participant's total payment obligation for
607    services to be received pursuant to the contract.
608(b)     The agreed-upon payment plan, if the contract calls
609    for payment in installments.
610(c)     All contracted services, set forth in specific terms.
611(d)     Prescribed in bold-faced type and under conspicuous
612    caption, all cancellation provisions of the contract.
613(e)     The length of time that the contract remains valid and
614    the circumstances under which the contract is terminated.
615(5)     RULES.—By December 31, 2026, the department shall
616    adopt rules to implement this section and establish minimum
617    standards for the certification and operation of surrogacy
618    agencies. The rules must include, at a minimum, all of the
619    following:
620(a)     Requirements for screening of participants.
621(b)     Requirements for background screening of surrogacy
622    agency personnel.
623(c)     Financial responsibility standards.
624(d)     Confidentiality and recordkeeping standards, including
625    retention of records.
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626(e)     Training requirements for surrogacy agency staff on
627    surrogacy ethics, legal risks, counseling, and conflict
628    management.
629(f)     Procedures for complaint handling, corrective action
630    plans, and sanctions.
631(6)     CERTIFICATION.—
632(a)     A surrogacy agency operating in this state must apply
633    for and maintain certification issued by the department.
634    Surrogacy agencies in operation as of the date that rules
635    initially adopted under this section become effective shall have
636    6 months from that date to become certified. A certification is
637    valid for 2 years, unless suspended or revoked for cause. The
638    department shall inspect a surrogacy agency applying for
639    certification before initial certification, and at least
640    annually thereafter, to verify compliance with certification
641    standards.
642(b)     If a surrogacy agency fails to comply with this
643    section or the rules adopted under this section, the department
644    may take administrative action, including, but not limited to,
645    authorization of continued operation under a corrective action
646    plan, imposition of administrative fines, and suspension or
647    revocation of certification.
648(7)     CERTIFIED SURROGACY AGENCIES LIST.—The department
649    shall maintain a publicly accessible list of certified surrogacy
650    agencies, including the certification status of such agencies.
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651Section 4.       Section 742.13, Florida Statutes, is reordered
652    and amended to read:
653742.13      Definitions.—As used in ss. 742.11-742.17, the
654    term:
655(1)     "Assisted reproductive technology" means those
656    procreative procedures which involve the laboratory handling of
657    human eggs, sperm, or preembryos, including, but not limited to,
658    in vitro fertilization embryo transfer, gamete intrafallopian
659    transfer, pronuclear stage transfer, tubal embryo transfer, and
660    zygote intrafallopian transfer.
661(2)     "Commissioning couple" means the intended mother and
662    father of a child who will be conceived by means of assisted
663    reproductive technology using the eggs or sperm of at least one
664    of the intended parents.
665(3)     "Disqualified person" means a person who fails to meet
666    the level 2 screening standards under s. 435.04.
667(4)(3)      "Egg" means the unfertilized female reproductive
668    cell.
669(5)(4)      "Fertilization" means the initial union of an egg
670    and sperm.
671(8)(5)      "Gestational surrogate" means a woman who contracts
672    to become pregnant by means of assisted reproductive technology
673    without the use of an egg from her body and with the use of an
674    egg or sperm from the commissioning couple.
675(7)(6)      "Gestational surrogacy" means a state that results
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676    from a process in which a commissioning couple's eggs or sperm,
677    or both, are mixed in vitro and the resulting preembryo is
678    implanted within another woman's body.
679(15)(7)       "Gestational Surrogacy contract" means a written
680    agreement between the gestational surrogate or surrogate and the
681    commissioning couple.
682(6)(8)       "Gamete intrafallopian transfer" means the direct
683    transfer of eggs and sperm into the fallopian tube prior to
684    fertilization.
685(9)     "Implantation" means the event that occurs when a
686    fertilized egg adheres to the uterine wall for nourishment.
687(10)        "In vitro" refers to a laboratory procedure performed
688    in an artificial environment outside a woman's body.
689(11)        "In vitro fertilization embryo transfer" means the
690    transfer of an in vitro fertilized preembryo into a woman's
691    uterus.
692(12)        "Preembryo" means the product of fertilization of an
693    egg by a sperm until the appearance of the embryonic axis.
694(13)        "Pronuclear stage transfer" or "zygote intrafallopian
695    transfer" means the transfer of an in vitro fertilized preembryo
696    into the fallopian tube before cell division takes place.
697(14)        "Sperm" means the male reproductive cell.
698(16)        "Surrogate" means a woman who contracts to become
699    pregnant by means of assisted reproductive technology with the
700    use of an egg from her body.
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701(17)(15)        "Tubal embryo transfer" means the transfer of a
702    dividing, in vitro fertilized preembryo into the fallopian tube.
703Section 5.        Subsections (1), (2), and (3) of section
704    742.15, Florida Statutes, are amended to read:
705742.15      Gestational Surrogacy contract.—
706(1)     Before Prior to engaging in gestational surrogacy or
707    surrogacy, a binding and enforceable gestational surrogacy
708    contract must shall be made between the commissioning couple and
709    the gestational surrogate or surrogate. A contract for
710    gestational surrogacy is shall not be binding and enforceable
711    unless:
712(a)     The gestational surrogate or surrogate is 18 years of
713    age or older and is not a disqualified person; and
714(b)     The commissioning couple are legally married and are
715    both 18 years of age or older;
716(c)     Neither member of the commissioning couple is a
717    disqualified person;
718(d)     Each member of the commissioning couple is a United
719    States citizen, a lawful and permanent resident of the United
720    States, or domiciled in this state and lawfully present in the
721    United States under federal law;
722(e)     The gestational surrogate or surrogate is domiciled in
723    this state and is a United States citizen or lawful permanent
724    resident of the United States; and
725(f)     The contract was drafted by an attorney who is a
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726    member in good standing of The Florida Bar.
727(2)     The commissioning couple may shall enter into a
728    contract with a gestational surrogate only if when, within
729    reasonable medical certainty as determined and stated in a
730    written statement under oath by a physician licensed under
731    chapter 458 or chapter 459:
732(a)     The commissioning mother cannot physically gestate a
733    pregnancy to term;
734(b)     The gestation will cause a risk to the physical health
735    of the commissioning mother; or
736(c)     The gestation will cause a risk to the health of the
737    fetus.
738(3)     A gestational surrogacy contract must include the
739    following provisions, as applicable:
740(a)     The commissioning couple agrees that the gestational
741    surrogate or surrogate is shall be the sole source of consent
742    with respect to clinical intervention and management of the
743    pregnancy.
744(b)     The gestational surrogate or surrogate agrees to
745    submit to reasonable medical evaluation and treatment and to
746    adhere to reasonable medical instructions about her prenatal
747    health.
748(c)     The commissioning couple agrees not to reduce any
749    amount paid to the gestational surrogate or surrogate if the
750    child is stillborn or is born alive but impaired, or to provide
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751    for the payment of a supplement or bonus for any reason.
752(d)     The commissioning couple agrees that they may not
753    require the termination of the gestational surrogate's or
754    surrogate's pregnancy.
755(e)     Except as provided in paragraph (g)  (e), the
756    gestational surrogate or surrogate agrees to relinquish any
757    parental rights upon the child's birth and to proceed with the
758    judicial proceedings prescribed under s. 742.16.
759(f)(d)      Except as provided in paragraph (g) (e), the
760    commissioning couple agrees to accept custody of and to assume
761    full parental rights and responsibilities for the child
762    immediately upon the child's birth, regardless of any impairment
763    of the child.
764(g)(e)      The gestational surrogate agrees to assume parental
765    rights and responsibilities for the child born to her if it is
766    determined that neither member of the commissioning couple is
767    the genetic parent of the child.
768(h)     The parties understand that the surrogacy contract is
769    void and that a court may not affirm the parentage of the
770    commissioning couple if a member of the commissioning couple is
771    a disqualified person as defined in s. 742.13.
772Section 6.       Section 742.155, Florida Statutes, is created
773    to read:
774742.155     Preconception validation of surrogacy contract.—
775(1)     The commissioning couple and the prospective
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776    gestational surrogate or surrogate may petition a court to
777    validate a surrogacy contract if:
778(a)      The prospective gestational surrogate or surrogate or
779    the commissioning couple has resided in this state for the 90-
780    day period preceding the date the petition is filed;
781(b)      The prospective gestational surrogate's or surrogate's
782    husband, if she is married, is joined as a party to the
783    proceeding; and
784(c)      A copy of the surrogacy contract is attached to the
785    petition.
786(2)      The court may validate a surrogacy contract as
787    provided by subsection (3) only if the court finds that:
788(a)      The medical evidence provided for a contract with a
789    gestational surrogate shows that:
7901.      The commissioning mother cannot physically gestate a
791    pregnancy to term;
7922.      The gestation will cause a risk to the physical health
793    of the commissioning mother; or
7943.      The gestation will cause a risk to the health of the
795    fetus;
796(b)      A favorable preliminary home study of the intended
797    parents has been performed consistent with s. 63.092;
798(c)      Each party to the contract has voluntarily entered
799    into and understands the terms of the contract;
800(d)      The contract includes the provisions required by s.
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801    742.15 and does not include any prohibited provisions;
802(e)     None of the parties to the contract are disqualified
803    persons; and
804(f)     The parties have adequately specified which party is
805    responsible for all reasonable health care expenses associated
806    with the pregnancy, including specifying which party is
807    responsible for such expenses if the contract is terminated.
808(3)     If the court finds that the requirements of subsection
809    (2) are satisfied, the court may render an order validating the
810    surrogacy contract and declaring that the commissioning couple
811    will be the parents of a child born under the agreement, except
812    as provided in s. 742.16 relating to proceedings to affirm the
813    parental status of a child conceived through gestational
814    surrogacy or surrogacy.
815(4)     The court may validate the surrogacy contract at the
816    court's discretion. The court's determination of whether to
817    validate the surrogacy contract is subject to review only for
818    abuse of discretion.
819Section 7.       Present subsections (7), (8), and (9) of
820    section 742.16, Florida Statutes, are redesignated as
821    subsections (8), (9), and (10), respectively, a new subsection
822    (7) is added to that section, and subsections (1) and (3),
823    paragraph (a) of subsection (4), subsection (6), and present
824    subsections (7) and (8) of that section are amended, to read:
825742.16      Expedited affirmation of parental status for
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826    gestational surrogacy.—
827(1)     Within 3 days after the birth of a child delivered of
828    a gestational surrogate or surrogate, the commissioning couple
829    shall petition a court of competent jurisdiction in the circuit
830    where the commissioning couple or gestational surrogate or
831    surrogate resides for an expedited affirmation of parental
832    status. After a commissioning couple petitions the court for the
833    affirmation of parental status, the clerk of the court shall
834    request and obtain a level 2 security background investigation
835    as described in s. 435.04 of the commissioning couple from the
836    Department of Law Enforcement and provide the results to the
837    court.
838(3)     Upon a showing by the commissioning couple, or the
839    child, or the gestational surrogate or surrogate that privacy
840    rights may be endangered, the court may order the names of the
841    commissioning couple, or the child, or the gestational surrogate
842    or surrogate, or any combination thereof, to be deleted from the
843    notice of hearing and from the copy of the petition attached
844    thereto, provided the substantive rights of any person will not
845    thereby be affected.
846(4)     Notice of the hearing shall be given by the
847    commissioning couple to:
848(a)     The gestational surrogate or surrogate.
849(6)     The commissioning couple or their legal representative
850    shall appear at the hearing on the petition. At the conclusion
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851    of the hearing, the court shall enter an order stating that the
852    commissioning couple are the legal parents of the child if the
853    court determines that:
854(a)     after the court has determined that A binding and
855    enforceable gestational surrogacy contract has been executed
856    pursuant to s. 742.15;
857(b)     and that At least one member of the commissioning
858    couple is the genetic parent of the child, if the child was to
859    have been conceived pursuant to a surrogacy contract with a
860    gestational surrogate; and
861(c)     Neither the intended mother nor the intended father is
862    a disqualified person the court shall enter an order stating
863    that the commissioning couple are the legal parents of the
864    child.
865(7)     If the affirmation of parentage is denied because a
866    member of the commissioning couple is a disqualified person:
867(a)     The gestational surrogate or surrogate shall be deemed
868    the natural mother of the child and have the right to child
869    support from the commissioning couple;
870(b)     The commissioning couple may not be granted time-
871    sharing or parental responsibility; and
872(c)     The consent of the commissioning couple is not
873    required for the adoption of the child.
874(8)(7)      If When at least one member of the commissioning
875    couple is the genetic parent of the child born to a gestational
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  HB 1487  2026
876    surrogate or surrogate, the commissioning couple shall be
877    presumed to be the natural parents of the child.
878(9)(8)      Within 30 days after entry of the order affirming
879    the parental status of the commissioning couple, the clerk of
880    the court shall prepare a certified statement of the order for
881    the state registrar of vital statistics on a form provided by
882    the registrar. The court shall thereupon enter an order
883    requiring the Department of Health to issue a new birth
884    certificate naming the commissioning couple as parents and
885    requiring the department to seal the original birth certificate.
886Section 8.       This act shall take effect July 1, 2026.
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