This bill amends Florida's laws regarding surrogacy and assisted reproduction, focusing on preplanned adoption agreements and the operations of donor banks and fertility clinics. It mandates independent legal representation for all parties in preplanned adoption agreements, requires background investigations of intended parents, and ensures that biological mothers retain parental rights under specific conditions. The bill introduces the term "disqualified person" and outlines scenarios where an adoption may be denied if an intended parent is classified as such. Additionally, it establishes new regulations for donor banks and fertility clinics, including licensing requirements, best practice policies, and annual inspections, while also setting forth mental health and medical evaluation requirements for surrogacy participants.
Further, the bill enhances the legal framework for surrogacy by requiring agencies to maintain separate accounts for funds, conduct background checks, and ensure written contracts with legal consultation for both commissioning couples and surrogates. It introduces a certification process for surrogacy agencies and a preconception validation process for contracts, allowing couples to seek court validation under certain conditions. The bill also updates terminology and establishes expedited court petition processes for affirming parental status for commissioning couples, with specific conditions for legal parent affirmation. Overall, these changes aim to improve safety, transparency, and legal protections for all parties involved in surrogacy and assisted reproduction in Florida, with an effective date set for July 1, 2026.
Statutes affected: S 1680 Filed: 63.213