Florida’s New Surrogacy Law: What Families Need to Know from the Experts at Simple Surrogacy
Florida’s New Surrogacy Law: What Families Need to Know from the Experts at Simple Surrogacy
For more than two decades, Simple Surrogacy has helped thousands of intended parents build their families through ethical, compassionate gestational surrogacy. We’ve walked alongside cancer survivors, families facing infertility, LGBTQ+ parents, single parents by choice, and hopeful parents from around the world as they welcomed the children they had dreamed about for years.
Our leadership has also been privileged to serve as recognized experts in the surrogacy industry, speaking at fertility and reproductive law conferences across Florida and throughout the United States. We’ve witnessed firsthand how Florida has become one of the nation’s most respected destinations for family building because of its strong legal framework, experienced professionals, and commitment to protecting everyone involved in the surrogacy process.
That is why the passage of Florida House Bill 905 (HB 905) has generated significant discussion throughout the fertility community.
While the law does not eliminate surrogacy in Florida, it does create new limitations for a specific group of intended parents. More importantly, it has raised questions among families who are wondering what these changes mean for their journey toward parenthood.
The good news is this: the overwhelming majority of intended parents pursuing surrogacy in Florida will not be affected by this legislation. And for those who are affected, surrogacy remains a viable path to parenthood through other states with well-established surrogacy laws.
Understanding Florida’s HB 905
Effective July 1, 2026, HB 905—known as the Foreign Influence Restriction and Enforcement Act—addresses a wide range of issues related to foreign influence within Florida’s government, economy, and public institutions.
One section of the legislation extends into reproductive law by placing restrictions on certain gestational surrogacy agreements.
Under the new law, gestational surrogacy contracts may be considered unenforceable in Florida if they involve intended parents who are citizens or residents of countries designated by Florida as “foreign countries of concern.” Those countries currently include:
China
Russia
Iran
North Korea
Cuba
Syria
Venezuela
The legislation has prompted extensive conversations among fertility physicians, reproductive attorneys, surrogacy professionals, and intended parents because it introduces new legal considerations into an area that has historically focused on helping families grow.
Florida Remains One of the Nation’s Leading Surrogacy States
One point cannot be emphasized enough.
HB 905 does not end surrogacy in Florida.
Florida continues to have one of the strongest legal frameworks supporting gestational surrogacy in the United States. The state’s laws continue to provide important protections for intended parents, surrogates, and children born through assisted reproduction.
For U.S. citizens and permanent residents who are not affected by the provisions of HB 905, very little changes.
Families can continue pursuing surrogacy in Florida with confidence, supported by experienced fertility clinics, reproductive attorneys, agencies, and medical professionals.
What This Means for Families
At Simple Surrogacy, our first priority is helping families understand their options—not creating unnecessary fear.
If You Are a U.S. Intended Parent
For most American intended parents, your journey remains exactly the same.
If you are a U.S. citizen or lawful permanent resident and are not connected to one of the countries identified in HB 905, Florida continues to be an excellent state for pursuing gestational surrogacy.
If You Are an International Intended Parent
The law applies only to intended parents connected to the specific countries identified in the legislation.
Many international intended parents from other countries will continue to pursue surrogacy in Florida without interruption.
For families who are affected by HB 905, it is important to remember something incredibly encouraging:
Your dream of becoming a parent does not end because of this law.
The United States includes many surrogacy-friendly states with excellent legal protections. At Simple Surrogacy, we have helped families complete successful journeys across multiple states, and we continue to match intended parents with qualified gestational carriers nationwide.
If Florida is no longer an available option for your circumstances, another state almost certainly can be.
Parenthood is still possible.
If You Are Considering Becoming a Surrogate
Florida women who wish to become gestational surrogates should know that HB 905 affects only a limited group of intended parents.
If you are matched with American intended parents—or intended parents from countries not included within the legislation—your journey generally remains unchanged.
Women who choose to become surrogates continue to provide one of the greatest gifts imaginable: helping another family experience the joy of welcoming a child.
We hope that nothing discourages compassionate women from continuing to make that extraordinary gift available.
If Your Journey Is Already Underway
Families who have already signed agreements or are currently pregnant should not panic.
Every surrogacy journey has unique legal and medical circumstances, and existing cases deserve individualized legal guidance.
The most important step is to communicate with your agency and your reproductive attorney as early as possible so you understand how the law applies to your specific situation.
Having experienced professionals on your side makes all the difference.
Why Experience Matters More Than Ever
Changes in reproductive law reinforce something we have always believed at Simple Surrogacy:
Choosing the right agency matters.
For years, we have worked alongside leading fertility clinics, reproductive endocrinologists, mental health professionals, and reproductive attorneys to help intended parents navigate every aspect of their journey.
Our leadership has participated in national fertility conferences, educated professionals throughout Florida, and remained actively involved in conversations shaping the future of ethical surrogacy.
When laws evolve, experienced guidance becomes invaluable.
Families deserve accurate information, thoughtful planning, and compassionate support—not fear.
Family Building Doesn’t Stop at State Lines
One misconception we have heard since HB 905 was signed is that affected families have somehow “lost” their opportunity to become parents.
That simply isn’t true.
Surrogacy has always been governed by state law, and intended parents have long pursued journeys outside their home states when another jurisdiction better fit their legal or medical needs.
Today, numerous states continue to offer well-established legal protections for gestational surrogacy.
At Simple Surrogacy, we have extensive experience helping intended parents complete successful journeys nationwide, and we remain committed to finding the right match in the right state for every family we serve.
While this legislation changes where some families may complete their journey, it does not eliminate their opportunity to have one.
Our Commitment to Families
Every piece of legislation affects real people.
Behind every legal discussion is someone recovering from cancer who cannot carry a pregnancy.
A couple who has endured years of infertility treatments.
A single parent hoping to welcome their first child.
A surrogate whose greatest joy comes from helping another family experience parenthood.
These are the people we think about every day.
At Simple Surrogacy, we remain committed to advocating for ethical, safe, and compassionate surrogacy while helping intended parents understand their options as laws continue to evolve.
Family building has always required hope, resilience, and expert guidance.
No matter where your journey begins—or where it ultimately takes place—we believe every family deserves the opportunity to pursue the dream of becoming parents.
If you have questions about how Florida’s HB 905 may affect your situation, our experienced team is here to help you understand your options and guide you toward the path that is right for your family.
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