Several bills under consideration in Florida’s 2026 legislative session could affect fertility treatment, IVF, surrogacy, and assisted reproductive technology (ART). While many proposals aim to update or clarify existing law, it is important that new legislation protects access to care and avoids unintended consequences for family building.

Below is a brief overview of the key bills the Florida Family Building Coalition is monitoring.

SB 1044 / HB 993 – Informed Consent for Assisted Reproductive Technology

These bills would revise informed consent requirements for IVF and ART by:

• Requiring written consent for each IVF cycle

• Adding documentation and record-keeping requirements

• Regulating how embryo disposition decisions are recorded

• Limiting when embryos may be discarded for nonpayment

Why this matters:

Informed consent is essential, but IVF is time-sensitive and medically complex. Policies should support patient understanding without creating unnecessary delays or barriers to care.

HB 1487 / SB 1680 – Surrogacy and Assisted Reproduction

These bills would update Florida’s surrogacy and assisted reproduction laws by revising:

• Surrogacy agreement requirements

• Procedures related to surrogacy arrangements and agencies

Why this matters:

Surrogacy is an important family-building option, particularly for LGBTQ+ families, single parents, and those using donor eggs or sperm. Changes to the law should preserve access while protecting all participants.

HB 289 / SB 164 – Wrongful Death of an Unborn Child

These bills would expand Florida’s wrongful death statute to include unborn children. They are not focused on IVF, but use broad developmental language.

Why this matters:

Even when legislation is not aimed at fertility care, clear and specific language helps ensure IVF and embryo-related decisions are not unintentionally impacted.

Florida families deserve clear, science-based laws that support access to fertility care and family-building options.

As these bills move through the legislative process, we encourage families, providers, and advocates to:

• Stay informed about legislation that affects IVF, surrogacy, and assisted reproductive technology

• Engage respectfully with lawmakers to share how fertility care and family building impact real families

• Support policies that preserve patient autonomy, timely access to care, and inclusive family-building pathways 

• Advocate for clarity so laws do not have unintentional negative impact 

The Florida Family Building Coalition will continue monitoring these bills and providing information.