Florida’s newly enacted HB 905, effective July 1, 2026, marks a significant shift in how surrogacy is practiced in the Sunshine State. 

What is the law? 

• Florida HB 905 bans Florida-resident intended parents who are from designated “foreign countries of concern” from entering into gestational surrogacy arrangements in Florida. 

• This law is an extension of broader Florida legislation targeting nationals from specific countries deemed geopolitical concern, and the restriction applies specifically to gestational surrogacy arrangements within Florida’s borders. 

Who does it affect? 

• Countries of concern: China, Russia, Iran, North Korea, Cuba, Syria, and Venezuela. 

• Intended parents nationwide who might otherwise have chosen Florida as a surrogacy destination may reconsider state options based on how this law aligns with their own backgrounds and long-term plans. 

• Fertility clinics, IVF programs, and surrogacy agencies in Florida, which must now screen intended parents not only medically and psychologically, but also legal eligibility under this law. 

What does it change? 

• Intended parents from the listed countries can no longer legally enter gestational surrogacy contracts in Florida 

• In addition to standard medical and psychological evaluations, intake now requires legal screening for country-of-origin and residency to ensure compliance. 

Does it help or hurt intended parents who want to start a family via surrogacy? 

• Florida-resident parents from the listed countries face an additional barrier to building their families via surrogacy in their home state. 

• For families who have dreamed of building their family through surrogacy, this law places significant legal and emotional barriers in their path 

Is it similar or different from surrogacy laws in other states? 

• Florida’s new restriction is more targeted and stricter, introducing a nationality and geopolitical lens that is largely unprecedented in U.S. reproductive law 

• This makes Florida an outlier in the current U.S. surrogacy landscape