Florida HB 993: Informed Consent for Assisted Reproductive Technology

Bill Text

HB 993 2026

CODING: Words stricken are deletions; words underlined are additions.
hb993-00
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A bill to be entitled 1
An act relating to informed consent for assisted 2
reproductive technology; amending s. 742.17, F.S.; 3
revising requirements for certain written disposition 4
agreements required between a commissioning couple and 5
a treating physician; creating s. 742.175, F.S.; 6
defining terms; prohibiting health care providers from 7
performing in vitro fertilization without first 8
obtaining informed consent from the commissioning 9
couple; requiring that such informed consent be 10
obtained each time a new in vitro fertilization cycle 11
is undertaken; requiring health care providers to 12
provide the patient certain information; providing 13
construction; specifying requirements for the informed 14
consent form; requiring health care providers to enter 15
into a written disposition agreement with patients to 16
track specified elections; specifying requirements for 17
such agreements; prohibiting health care providers 18
from discarding embryos for nonpayment unless certain 19
conditions are met; providing construction; requiring 20
health care providers to disclose their policies; 21
requiring health care providers to provide certain 22
disclosures within a specified timeframe; providing an 23
exception; requiring health care providers to provide 24
informed consent in the patients' primary language or 25

HB 993 2026

CODING: Words stricken are deletions; words underlined are additions.
hb993-00
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with a qualified interpreter; requiring that the 26
informed consent form state whether an interpreter was 27
used; requiring health care providers to offer 28
patients the opportunity to ask questions and withdraw 29
consent without penalty at any time before an embryo 30
transfer; requiring health care providers to retain 31
certain records for a specified timeframe; requiring 32
health care providers to provide patients a copy of 33
their records upon request within a specified 34
timeframe; providing for disciplinary action; 35
providing construction; providing severability; 36
amending s. 456.072, F.S.; conforming a provision to 37
changes made by the act; providing an effective date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. Section 742.17, Florida Statutes, is amended to 42
read: 43
742.17 Disposition of eggs, sperm, or preembryos; rights 44
of inheritance.—A commissioning couple and the treating 45
physician shall enter into a written agreement that provides for 46
the future use of the embryos by the commissioning couple, 47
continued storage with payment, embryo transfer to another 48
couple, permission for or prohibition of research donation, 49
selections for contingencies under s. 742.175(4)(b), and the 50

HB 993 2026

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disposition of the commissioning couple's eggs, sperm, and 51
preembryos in the event of a divorce, the death of a spouse, or 52
any other unforeseen circumstance. 53
(1) Absent a written agreement, any remaining eggs or 54
sperm shall remain under the control of the party that provides 55
the eggs or sperm. 56
(2) Absent a written agreement, decisionmaking authority 57
regarding the disposition of preembryos shall reside jointly 58
with the commissioning couple. 59
(3) Absent a written agreement, in the case of the death 60
of one member of the commissioning couple, any eggs, sperm, or 61
preembryos shall remain under the control of the surviving 62
member of the commissioning couple. 63
(4) A child conceived from the eggs or sperm of a person 64
or persons who died before the transfer of their eggs, sperm, or 65
preembryos to a woman's body shall not be eligible for a claim 66
against the decedent's estate unless the child has been provided 67
for by the decedent's will. 68
Section 2. Section 742.175, Florida Statutes, is created 69
to read: 70
742.175 Assisted reproductive technology; informed 71
consent; required disclosures; embryo disposition.— 72
(1) DEFINITIONS.—As used in this section, the term: 73
(a) "Assisted reproductive technology" has the same 74
meaning as provided in s. 742.13 and includes in vitro 75

HB 993 2026

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fertilization, intracytoplasmic sperm injection, embryo culture, 76
cryopreservation, and embryo transfer. 77
(b) "Commissioning couple" has the same meaning as 78
provided in s. 742.13. 79
(c) "Cryopreservation" means, with respect to embryos, 80
freezing the embryos in an undisturbed environment for the 81
purpose of saving them for future procreative use. 82
(d) "Cycle" mea