Florida SB 1680: Surrogacy and Assisted Reproduction

Bill Text

1680 
Surrogacy and Assisted Reproduction 
2026-01-09T10:20:33Z 
Providing that a preplanned adoption arrangement may not authorize certain actions under certain circumstances; 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; requiring surrogacy agencies to require all participants to undergo certain mental health 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, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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 req