Bill > S1680

Introduced Session

An act relating to surrogacy and assisted reproduction; amending s. 63.213, F.S.; providing that a preplanned adoption arrangement may not authorize certain actions under certain circumstances; revising required and prohibited preplanned adoption agreement terms; requiring certain parties to have independent legal representation by an attorney who meets certain requirements; requiring a clerk of the court to request and obtain certain background investigations of specified parties under certain circumstances; prohibiting the court from approving a proposed adoption of a child under certain circumstances; providing that the biological mother of a child retains all parental rights to the child under certain circumstances; defining the term “disqualified person”; revising and deleting definitions; conforming provisions to changes made by the act; creating s. 383.61, F.S.; defining terms; requiring the Agency for Health Care Administration, in consultation with the Department of Health, to adopt certain rules for donor banks and fertility clinics by a specified date; prohibiting a donor bank or fertility clinic from operating without a license; providing an exception; providing that licenses are valid for a specified timeframe unless suspended or revoked for cause; requiring donor banks, fertility clinics, and certain health care practitioners to develop certain written best practice policies by a specified date; requiring such donor banks, fertility clinics, and health care practitioners to submit such policies to specified entities for annual review; requiring such donor banks, fertility clinics, and health care practitioners to clearly label specified material and maintain all records for a specified timeframe; requiring the agency to perform certain annual inspections; providing administrative penalties for donor banks and fertility clinics that violate certain provisions; authorizing the agency to refer certain violations to the department; requiring fertility clinics to obtain express and informed consent from all participants; requiring fertility clinics to provide a certain written document to participants; specifying the manner in which a participant gives express and informed consent; requiring donor banks and fertility clinics to immediately cease using certain reproductive material under certain circumstances; creating s. 402.89, F.S.; defining terms; requiring surrogacy agencies to require all participants to undergo certain mental health evaluations; requiring that such evaluations be repeated at specified intervals under certain circumstances; requiring surrogacy agencies to require donors, gestational surrogates, and surrogates to undergo certain medical evaluations; specifying requirements relating to such evaluations; requiring surrogacy agencies to obtain level 2 security background investigations for participants from the Department of Children and Families through the Care Provider Background Screening Clearinghouse; requiring that such investigations be updated at specified intervals under certain circumstances; specifying requirements relating to such security background investigations; requiring a surrogacy agency to terminate any existing contract involving an individual found to be a disqualified person and take certain additional actions; requiring that a written contract be made between a surrogacy agency and a commissioning couple; specifying requirements for such surrogacy contracts; requiring surrogacy agencies to keep and maintain certain funds in separate accounts and maintain a certain mechanism for a certain purpose; requiring surrogacy agencies to establish escrow accounts for a certain purpose; specifying requirements for such escrow accounts and escrow agents; specifying requirements for certain contracts entered into by surrogacy agencies and participants; requiring the Department of Children and Families to adopt certain rules by a specified date; requiring surrogacy agencies to apply for and maintain certification issued by the department; providing that such certification is valid for a specified timeframe unless suspended or revoked for cause; requiring the department to conduct certain inspections; authorizing the department to impose corrective action plans or administrative fines upon surrogacy agencies or suspend or revoke surrogacy agency certification under certain circumstances; requiring the department to maintain a certain list of certified surrogacy agencies; reordering and amending s. 742.13, F.S.; defining the terms “disqualified person” and “surrogate”; revising definitions; amending s. 742.15, F.S.; requiring that a contract be made between a commissioning couple and a gestational surrogate or surrogate before engaging in gestational surrogacy or surrogacy; providing the circumstances under which such contract is binding and enforceable; requiring that a surrogacy contract include certain provisions; creating s. 742.155, F.S.; authorizing the commissioning couple and prospective gestational surrogate or surrogate to petition a court to validate a surrogacy contract under certain circumstances; authorizing the court to validate a surrogacy contract under certain circumstances; providing the standard of review for a court’s determination of whether to validate a surrogacy contract; amending s. 742.16, F.S.; requiring a commissioning couple to petition a court in a certain circuit for an expedited affirmation of parental status within a certain timeframe after the birth of a child delivered by a gestational surrogate or surrogate; requiring the clerk of the court to request and obtain certain security background investigations of specified parties under certain circumstances; authorizing the court to order the deletion of certain names from a notice of hearing and from the copy of the petition attached thereto under certain circumstances; requiring the commissioning couple to give certain notice of hearing to the surrogate; revising the circumstances under which the court is required to enter an order stating that the commissioning couple are the legal parents of the child; requiring that the gestational surrogate or surrogate be deemed the natural mother of the child and have the right to certain support under certain circumstances; prohibiting the granting of time-sharing and parental responsibility to the commissioning couple under certain circumstances; providing that the consent of the commissioning couple is not required for the adoption of the child under certain circumstances; providing an effective date.

AI Summary

Erin Grall (R)*, 

Introduced (on 01/22/2026)

Official Document