Florida Senate - 2026 SB 1044
By Senator Grall
29-00895C-26 20261044__
1 A bill to be entitled
2 An act relating to informed consent for assisted
3 reproductive technology; amending s. 742.17, F.S.;
4 revising requirements for certain written disposition
5 agreements required between a commissioning couple and
6 a treating physician; creating s. 742.175, F.S.;
7 defining terms; prohibiting health care providers from
8 performing in vitro fertilization without first
9 obtaining informed consent from the commissioning
10 couple; requiring that such informed consent be
11 obtained each time a new in vitro fertilization cycle
12 is undertaken; requiring health care providers to
13 provide the patient certain information; providing
14 construction; specifying requirements for the informed
15 consent form; requiring health care providers to enter
16 into a written disposition agreement with patients to
17 track specified elections; specifying requirements for
18 such agreements; prohibiting health care providers
19 from discarding embryos for nonpayment unless certain
20 conditions are met; providing construction; requiring
21 health care providers to disclose their policies;
22 requiring health care providers to provide certain
23 disclosures within a specified timeframe; providing an
24 exception; requiring health care providers to provide
25 informed consent in the patients’ primary language or
26 with a qualified interpreter; requiring that the
27 informed consent form state whether an interpreter was
28 used; requiring health care providers to offer
29 patients the opportunity to ask questions and withdraw
30 consent without penalty at any time before an embryo
31 transfer; requiring health care providers to retain
32 certain records for a specified timeframe; requiring
33 health care providers to provide patients a copy of
34 their records upon request within a specified
35 timeframe; providing for disciplinary action;
36 providing construction; providing severability;
37 amending s. 456.072, F.S.; conforming a provision to
38 changes made by the act; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 742.17, Florida Statutes, is amended to
43 read:
44 742.17 Disposition of eggs, sperm, or preembryos; rights of
45 inheritance.—A commissioning couple and the treating physician
46 shall enter into a written agreement that provides for the
47 future use of the embryos by the commissioning couple, continued
48 storage with payment, embryo transfer to another couple,
49 permission for or prohibition of research donation, selections
50 for contingencies per s. 742.175(4)(b), and the disposition of
51 the commissioning couple’s eggs, sperm, and preembryos in the
52 event of a divorce, the death of a spouse, or any other
53 unforeseen circumstance.
54 (1) Absent a written agreement, any remaining eggs or sperm
55 shall remain under the control of the party that provides the
56 eggs or sperm.
57 (2) Absent a written agreement, decisionmaking authority
58 regarding the disposition of preembryos shall reside jointly
59 with the commissioning couple.
60 (3) Absent a written agreement, in the case of the death of
61 one member of the commissioning couple, any eggs, sperm, or
62 preembryos shall remain under the control of the surviving
63 member of the commissioning couple.
64 (4) A child conceived from the eggs or sperm of a person or
65 persons who died before the transfer of their eggs, sperm, or
66 preembryos to a woman’s body shall not be eligible for a claim
67 against the decedent’s estate unless the child has been provided
68 for by the decedent’s will.
69 Section 2. Section 742.175, Florida Statutes, is created to
70 read:
71 742.175 Assisted reproductive technology; informed consent;
72 required disclosures; embryo disposition.—
73 (1) DEFINITIONS.—As used in this section, the term:
74 (a) “Assisted reproductive technology” has the same meaning
75 as provided in s. 742.13 and includes in vitro fertilization,
76 intracytoplasmic sperm injection, embryo culture,
77 cryopreservation, and embryo transfer.
78 (b) “Commissioning couple” has the same meaning as provided
79 in s. 742.13.
80 (c) “Cryopreservation” means, with respect to embryos,
81 freezing the embryos in an undisturbed environment for the
82 purpose of saving them for future procreative use.
83 (d) “Cycle” means a single procedure of in vitro
84 fertilization, zygote intrafallopian transfer, or gamete
85 intrafallopian transfer.
86 (e) “Embryo” means the product of fertilization of an egg
87 by a sperm until the appearance of the embryonic axis.
88 (f) “Health care provider” means a health care practitioner
89 as defined in s. 456.001 who is authorized to provide assisted
90 reproductive technology services under his or her applicable
91 scope of practice.
92 (g) “Independently reported success rate data” means
93 public, audited data on assisted reproductive technology
94 outcomes, including national and clinic-level reports,
95 maintained by the United States Centers for Disease Control and
96 Prevention’s National ART Surveillance System and the Society
97 for Assisted Reproductive Technology.
98 (h) “Informed consent” means a voluntary, written, and
99 signed authorization, executed after receipt of the disclosures
100 required by this section provided in plain language
101 understandable to a layperson.
102 (i) “In vitro fertilization” means a form of assisted
103 reproductive technology in which an egg retrieved from a woman’s
104 ovaries is fertilized with sperm in a culture medium in a
105 laboratory and then transferred to the uterus for the purpose of
106 producing a pregnancy.
107 (j) “Selective reduction” means an abortion as defined in
108 s. 390.011 which reduces the number of fetuses in a multifetal
109 pregnancy by one or more to lower maternal and neonatal risks
110 and results in the intentional death of one or more fetuses with
111 the goal of continuing the pregnancy with fewer fetuses.
112 (k) “Single-embryo transfer” means transferring one embryo
113 in a given transfer procedure to reduce the risk of multiple
114 gestation, consistent with professional guidelines that limit
115 the number of embryos transferred by age and prognosis.
116 (l) “Transfer” means the process by which a health care
117 provider places a fresh or frozen embryo within the uterus,
118 fallopian tubes, or other part of a patient’s body for the
119 purpose of initiating a pregnancy.
120 (2) INFORMED CONSENT REQUIRED.—
121 (a) A health care provider may not perform in vitro
122 fertilization, including ovarian stimulation, egg retrieval,
123 fertilization, embryo biopsy, embryo storage, and embryo
124 transfer, until each adult patient and, if applicable, both
125 members of the commissioning couple have executed the informed
126 consent form required under subsection (3).
127 (b) A health care provider must obtain informed consent
128 each time a new cycle is undertaken and must provide updated
129 information to the patient with the latest statistics and
130 findings concerning the patient’s status with each new cycle.
131 (c) This section supplements ss. 742.11–742.17 and does not
132 diminish requirements for written agreements regarding gamete
133 and embryo disposition under s. 742.17.
134 (d) This section does not prohibit a physician from
135 providing any additional information the physician deems
136 material to the patient’s informed decision to undergo in vitro
137 fertilization.
138 (3) INFORMED CONSENT FORM.—
139 (a) The informed consent form must include all of the
140 following:
141 1. A description of the in vitro fertilization procedure.
142 2. Information about embryo conception and transfer,
143 including the patient’s right to determine the number of embryos
144 or eggs to conceive and transfer, and the most recent scientific
145 information on the number of embryos needed to be transferred to
146 achieve a successful pregnancy.
147 3. A statement that the patient retains the right to
148 withhold or withdraw consent at any time before transfer of
149 gametes or embryos without affecting the patient’s right to
150 future care or treatment.
151 4. A description of the facility’s practice regarding
152 selecting embryos that are viable to transfer and the outcome
153 for embryos that are deemed not viable for transfer, including
154 whether those embryos will be destroyed or used for training or
155 research.
156 5. A description of the facility’s practice regarding
157 cryopreservation of embryos and the associated costs.
158 6. The effect of the following on treatment, embryos, and
159 the validity of informed consent: the health care provider’s
160 practice closing; divorce; separation; failure to pay storage
161 fees for nontransferred embryos; failure to pay treatment fees;
162 inability to agree on the fate of embryos; the death of a
163 patient or others; withdrawal of consent for transfer after
164 fertilization but before cryopreservation; incapacity;
165 unavailability of agreed-upon disposition of embryos; or loss of
166 contact with the facility.
167 (b) The informed consent form must also disclose all of the
168 following:
169 1. Medical risks to the person undergoing treatment,
170 including all of the following:
171 a. Medication and ovarian response risks, including ovarian
172 hyperstimulation syndrome. The form must describe signs and
173 symptoms of and methods for preventing ovarian hyperstimulation
174 syndrome, including the use of individualized ovarian
175 stimulation, gonadotropin-releasing hormone agonist triggers,
176 and freezing all embryos after a cycle to transfer in a
177 separate, subsequent cycle. The form must also state that
178 moderate-to-severe ovarian hyperstimulation syndrome occurs in
179 approximately 1 to 5 percent of cycles, varying by individual
180 risk and declining with modern prevention methods.
181 b. Procedure and anesthesia risks from egg retrieval,
182 including pain, bleeding, infection, injury to adjacent
183 structures, and rare serious complications.
184 c. Pregnancy-related risks, including ectopic pregnancy,
185 miscarriage, hypertensive disorders, and diabetes, noting that
186 ectopic pregnancy after in vitro fertilization has been reported
187 in the range of approximately 1.4 to 3.2 percent of in vitro
188 fertilization pregnancies, with patient-specific variation.
189 2. Medical risks to children conceived through in vitro
190 fertilization, specifically that:
191 a. Multiple gestation carries increased risks of
192 prematurity, low birth weight, and neonatal morbidity compared
193 with singletons; and
194 b. Most children conceived through in vitro fertilization
195 are healthy, but some adverse outcomes, including premature
196 births or low birth weights among singleton pregnancies, have
197 been observed in surveillance reports, and that historic
198 multiple-embryo transfer practices contributed to higher
199 multiple-birth rates.
200 3. Risks of multiple gestation and selective reduction. The
201 disclosure must:
202 a. Describe maternal and neonatal complications associated
203 with multiple gestation and explain that preventing multiple
204 gestation is the safest strategy.
205 b. Define selective reduction as provided in this section
206 and include the following statement: “If two or more embryos
207 implant, your physician may discuss an option that entails
208 intentionally ending the life of one or more fetuses to reduce
209 the total number of fetuses. You may accept or decline this
210 option.”
211 c. Specify that, in accordance with chapter 390, any
212 selective reduction must be performed before the gestational age
213 of the fetus progresses beyond 6 weeks, unless an exception
214 under s. 390.0111(1) applies.
215 d. State that single-embryo transfer is an evidence-based
216 strategy to reduce multiple gestation and that professional
217 guidelines limit the number of embryos to transfer by age and
218 prognosis.
219 e. Identify practices available to minimize embryo loss or
220 destruction. The disclosure must enumerate options and allow
221 patient elections that include all of the following:
222 (I) Limiting fertilization to the number intended for
223 transfer in current and planned cycles.
224 (II) Singe-embryo transfers where clinically reasonable,
225 avoiding embryo discard based solely on nonmedical traits.
226 (III) Embryo cryopreservation and an embryo disposition
227 plan that prioritizes future transfer to the commissioning
228 couple or embryo transfer to another couple. Cryopreserved
229 embryos may be used for research or discarded only if expressly
230 authorized by the patients.
231 (IV) Mild or natural-cycle stimulation protocols when
232 clinically feasible.
233 (V) Preimplantation genetic testing limitations, including
234 possible no-result or mosaic findings, and the disclosure that
235 results are not infallible and do not require embryo discard.
236 4. Financial obligations and costs, including all of the
237 following:
238 a. A good faith itemized estimate of total cycle costs,
239 including professional and laboratory fees; anesthesia;
240 medications; preimplantation genetic testing, if elected; embryo
241 storage; and anticipated additional procedures.
242 b. A clear statement that ongoing storage fees will be
243 assessed for cryopreserved embryos and that nonpayment will be
244 handled only as set forth in the patient’s embryo disposition
245 agreement under subsection (4) and s. 742.17.
246 5. The health care provider’s transfer policy. If the
247 disclosure does not state the health care provider’s transfer
248 policy, the default transfer policy is to perform single-embryo
249 transfers when clinically reasonable.
250 6. Alternatives to in vitro fertilization. The disclosure
251 must include a description of reasonable alternatives, which may
252 include, but need not be limited to, timed intercourse,
253 lifestyle and medical optimization, natural procreative
254 technology-informed diagnostics, ovulation induction,
255 intrauterine insemination, use of donor gametes, adoption,
256 expectant management, and counseling.
257 7. Success rates and limits. The disclosure must include
258 all of the following:
259 a. Required national benchmarks, including present age
260 stratified independently reported success rate data from the
261 most recent finalized Society for Assisted Reproductive
262 Technology National Summary Report and any companion first
263 transfer and subsequent-transfer tables provided for that year.
264 b. Independent sources patients can check, including the
265 URLs in print and electronically for:
266 (I) The United States Centers for Disease Control and
267 Prevention National ART Surveillance System’s success rates for
268 national and clinic-level data and the Centers for Disease
269 Control and Prevention’s guidance on interpreting cumulative
270 success; and
271 (II) The Society for Assisted Reproductive Technology’s
272 Clinic Summary Report, including national and clinic-level data
273 for the latest finalized year.
274 c. Clinic-specific context, explaining that the data from
275 the United States Centers for Disease Control and Prevention and
276 the Society for Assisted Reproductive Technology is audited,
277 standardized, logged, and finalized after the reporting year,
278 and that individual prognosis varies by age, diagnosis, and
279 treatment plan.
280 d. A statement that Florida public policy favors singleton
281 birth when medically safe and that health care providers should
282 discuss single-embryo transfer options to reduce the chance of
283 twins or higher-order multiples.
284 (c) The informed consent form must include initial lines or
285 checkboxes for each of the following patient elections, which
286 the health care provider shall honor unless such elections are
287 unsafe for the patient or unlawful:
288
289 ...(Initial here)... Embryo creation limit. We
290 authorize insemination or intracytoplasmic sperm
291 injection of no more than ...(insert desired
292 number)... eggs per cycle.
293
294 ...(Initial here)... Embryo transfer. We authorize the
295 transfer of ...(insert desired number)... embryos per
296 cycle.
297
298 ...(Initial here)... Selective reduction preference.
299 Circle one: We decline/may consider selective
300 reduction if recommended. Health care provider policy:
301 ...(insert health care provider’s policy on selective
302 reduction, specifying that all selective reduction
303 procedures must be performed in accordance with
304 chapter 390, Florida Statutes)....
305
306 ...(Initial here)... Preimplantation genetic testing
307 election. Circle one: decline all
308 testing/preimplantation genetic testing for an
309 aneuploidy (PGT-A)/preimplantation genetic testing for
310 a specific condition (PGT-M) (condition: ...(insert
311 condition)...). We understand preimplantation genetic
312 testing is not infallible and does not require embryo
313 discard.
314
315 ...(Initial here)... Financial responsibility. We
316 understand and accept responsibility for storage fees
317 until a disposition permitted above occurs.
318
319 (4) EMBRYO DISPOSITION; CONTINGENCIES.—
320 (a) A health care provider shall enter into a disposition
321 agreement pursuant to s. 742.17 which tracks the patients’
322 elections under subsection (3).
323 (b) The agreement must specify the patients’ choices upon
324 death or incapacity of one or both patients; divorce or
325 separation; prolonged loss of contact; and nonpayment after a
326 grace period. Options must include continued storage, transfer
327 to the patient or a gestational carrier, or embryo transfer to
328 another couple. Options for research donation or discarding
329 embryos must be expressly selected by the patients in order to
330 occur.
331 (c) A health care provider may not discard embryos for
332 nonpayment unless all of the following conditions are met:
333 1. The agreement expressly authorizes that outcome.
334 2. The health care provider has provided at least two
335 written notices to the patients’ last known addresses and a 90
336 day grace period has passed.
337 3. Such action complies with all other applicable laws.
338 (d) This section does not require a health care provider to
339 offer services he or she does not provide; however, the health
340 care provider shall disclose his or her policies.
341 (5) FORM, TIMING, AND LANGUAGE ACCESS.—
342 (a) A health care provider shall provide the disclosures
343 required by subsection (3) at least 48 hours before the first
344 injectable medication, unless a shorter interval is medically
345 necessary and the patient affirmatively waives the time interval
346 in writing.
347 (b) A health care provider shall provide the informed
348 consent form in the patients’ primary language or with a
349 qualified interpreter, and the informed consent form must state
350 whether an interpreter was used.
351 (c) A health care provider shall offer patients the
352 opportunity to ask questions and to withdraw consent without
353 penalty at any time before embryo transfer.
354 (d) Electronic signatures are permitted if compliant with
355 state law.
356 (6) RECORDKEEPING.—
357 (a) A health care provider shall retain executed informed
358 consent forms, disposition agreements, and any subsequent
359 modifications for at least 7 years after the final embryo is
360 transferred, adopted, or otherwise lawfully disposed of, or for
361 the period required by other applicable law, whichever is
362 longer.
363 (b) Upon written request, a health care provider shall
364 provide a patient a copy of his or her records without charge
365 within 10 business days after receipt of the written request.
366 (7) ENFORCEMENT.—Failure to obtain informed consent as
367 required by this section constitutes grounds for disciplinary
368 action under s. 456.072.
369 (8) CONSTRUCTION.—
370 (a) This section does not alter parentage presumptions
371 under s. 742.11 or donor provisions under s. 742.14 or the
372 written agreement requirements of s. 742.17.
373 (b) This section does not mandate selective reduction or
374 embryo destruction, and patients may decline such procedures.
375 (c) The provisions of this section relating to selective
376 reduction operate consistent with, and do not supplant, chapter
377 390. The limitations on abortions specified in s. 390.0111 apply
378 to selective reduction procedures referenced under this section.
379 Chapter 390 prevails in the event of any conflict with this
380 section.
381 (d) This section must be construed to permit patient
382 elections that minimize embryo loss consistent with medical
383 safety and applicable laws.
384 (9) SEVERABILITY.—If any provision of this section or its
385 application is held invalid, the invalidity does not affect
386 other provisions or applications of this section which can be
387 given effect without the invalid provision or application, and
388 to this end the provisions of this section are severable.
389 Section 3. Paragraph (uu) is added to subsection (1) of
390 section 456.072, Florida Statutes, to read:
391 456.072 Grounds for discipline; penalties; enforcement.—
392 (1) The following acts shall constitute grounds for which
393 the disciplinary actions specified in subsection (2) may be
394 taken:
395 (uu) Violating any provision of s. 742.175.
396 Section 4. This act shall take effect July 1, 2026.