Florida HB 1487: Surrogacy and Assisted Reproduction

Bill Text

HB 1487 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1487-00
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A bill to be entitled 1
An act relating to surrogacy and assisted 2
reproduction; amending s. 63.213, F.S.; providing that 3
a preplanned adoption arrangement may not authorize 4
certain actions under certain circumstances; revising 5
required and prohibited preplanned adoption agreement 6
terms; requiring certain parties to have independent 7
legal representation by an attorney who meets certain 8
requirements; requiring a clerk of the court to 9
request and obtain certain background investigations 10
of specified parties under certain circumstances; 11
prohibiting the court from approving a proposed 12
adoption of a child under certain circumstances; 13
providing that the biological mother of a child 14
retains all parental rights to the child under certain 15
circumstances; defining the term "disqualified 16
person"; revising and deleting definitions; conforming 17
provisions to changes made by the act; creating s. 18
383.61, F.S.; defining terms; requiring the Agency for 19
Health Care Administration, in consultation with the 20
Department of Health, to adopt certain rules for donor 21
banks and fertility clinics by a specified date; 22
prohibiting a donor bank or fertility clinic from 23
operating without a license; providing an exception; 24
providing that licenses are valid for a specified 25

HB 1487 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1487-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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

HB 1487 2026

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hb1487-00
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evaluations; requiring that such evaluations be 51
repeated at specified intervals under certain 52
circumstances; requiring surrogacy agencies to require 53
donors, gestational surrogates, and surrogates to 54
undergo certain medical evaluations; specifying 55
requirements relating to such evaluations; requiring 56
surrogacy agencies to obtain level 2 security 57
background investigations for participants from the 58
Department of Children and Families through the Care 59
Provider Background Screening Clearinghouse; requiring 60
that such investigations be updated at specified 61
intervals under certain circumstances; specifying 62
requirements relating to such security background 63
investigations; requiring a surrogacy agency to 64
terminate any existing contract involving an 65
individual found to be a disqualified person and take 66
certain additional actions; requiring that a written 67
contract be made between a surrogacy agency and a 68
commissioning couple; specifying requirements for such 69
surrogacy contracts; requiring surrogacy agencies to 70
keep and maintain certain funds in separate accounts 71
and maintain a certain mechanism for a certain 72
purpose; requiring surrogacy agencies to establish 73
escrow accounts for a certain purpose; specifying 74
requirements for such escrow accounts and escrow 75

HB 1487 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1487-00
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agents; specifying requirements for certain contracts 76
entered into by surrogacy agencies and participants; 77
requiring the Department of Children and Families to 78
adopt certain rules by a specified date; requiring 79
surrogacy agencies to apply for and maintain 80
certification issued by the department; providing that 81
such certif