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