Summary of Florida Surrogacy Laws and Florida Egg Donation, Florida Sperm Donation, and Florida Embryo Donation Laws

Current Florida Assisted Reproductive Technology laws:

  • Florida ART statutes are contained within Florida Statutes 742.11, 742.13 – 742.17 (enacted into law May 15, 1993) and Florida Statutes 63.213 (enacted into law May 30, 2003). Below is a brief summary of each Florida reproductive law.
    • Florida Statutes 742.11, Presumed status of child conceived by means of artificial or in vitro insemination or donated eggs or preembryos: The marital presumption of a child born into wedlock by means of insemination or IVF
    • Florida Statutes 742.13: Definitions
    • Florida Statutes 742.14, Donation of eggs, sperm, or preembryos: Florida donor’s statutes as to egg, sperm and embryo donations providing for full relinquishment of genetic material unless otherwise agreed to by the parties
    • Florida Statutes 742.15, Gestational surrogacy contract: Florida’s surrogacy statute for married couples, using at least one member of the commissioning couple’s genetics
    • Florida Statutes 742.16, Expedited affirmation of parental status for gestational surrogacy: Florida court proceeding process for surrogacy and finalizing parental rights (post birth proceedings)
    • Florida Statutes 742.17, Disposition of eggs, sperm, or preembryos; rights of inheritance: Default in the event of death, divorce or unforeseen circumstances and addresses Florida posthumous conception by means of ART
    • Florida Statutes 63.213, Preplanned adoption agreement: Florida law permitting surrogacy for unmarried intended parent(s) or intended parents using donated embryo(s).

Pending Florida Assisted Reproductive Technology laws:

Florida does not have any new ART laws, but we do have some pending Florida legislation regarding guidelines for fertility doctors to avoid reproductive fraud. The proposed legislation which I am tracking, “provides that certain health care profession licensees and physicians who perform specified acts with human reproductive material without recipient's consent are subject to certain disciplinary action; prohibits health care practitioner from intentionally performing specified acts with reproductive material of donor without recipient's consent; provides penalties; tolls applicable time limitations for criminal prosecution”. These proposed bills amend an existing Florida law regarding the discipline of health professionals however they specifically addresses grounds for disciplinary action for intentionally implanting or inseminating a patient with human reproductive material without the patient's consent. The bill also introduces the concept of "reproductive battery", providing a cause of action for such violation. The proposed legislation seems to be well received in the Florida legislature and is tracking under CS/HB 1287 (reproductive medicine) and SB 698 (assisted reproduction facilities).