What Is HB 905, and Why Does It Matter?
Florida has long been one of the most surrogacy-friendly states in the nation, with a well-developed legal framework for gestational surrogacy contracts under Chapter 742 of the Florida Statutes and for preplanned adoption agreements under Chapter 63. HB 905 is now amending both of these statutes to add a new category of restriction: foreign influence.
The new law is part of a broader Florida legislative effort to limit the influence of certain foreign governments — formally called "foreign countries of concern" — on Florida's people, institutions, and now, its family formation processes. The policy rationale is national security and child welfare: Florida lawmakers determined that arrangements involving citizens or residents of these countries raise concerns significant enough to prohibit them entirely.
This is not a minor procedural change. It is a bright-line prohibition. If any party to a gestational surrogacy contract or a preplanned adoption agreement is a citizen or resident of a designated foreign country of concern, the arrangement is either prohibited outright or legally void and unenforceable.
Which Countries Are "Foreign Countries of Concern"?
The term "foreign country of concern" is defined by Florida law in Section 286.101(1). For the purposes of HB 905, it means:
- People's Republic of China
- Russian Federation
- Islamic Republic of Iran
- Democratic People's Republic of Korea
- Republic of Cuba
- Venezuelan Regime of Nicolás Maduro
- Syrian Arab Republic
Critically, the definition extends beyond just the country's government itself. It includes any agency of, or any other entity under significant control of, such a foreign country of concern. This broad language means that entities with ties to these governments — not just their direct citizens — may fall within the prohibition.
"Florida's definition casts a wide net — it covers not just individual citizens, but also entities under significant control of these seven foreign governments. Anyone involved in surrogacy or adoption planning who has connections to these countries needs legal counsel immediately."
How HB 905 Changes Gestational Surrogacy Contracts (§ 742.15)
Section 742.15 of the Florida Statutes governs gestational surrogacy contracts. HB 905 has amended subsection (1) to add a critical new paragraph (b), which reads:
1. A gestational surrogacy contract may not be entered into in this state if any party to the contract is a citizen or resident of a foreign country of concern as defined in s. 286.101(1).
2. A gestational surrogacy contract executed in violation of this paragraph is void and unenforceable as against the public policy of the state.
The word "any party" is sweeping in scope. It applies to:
The gestational surrogate (the woman carrying the pregnancy), the commissioning couple or intended parents, and potentially other parties to the formal agreement. If even one participant holds citizenship or residency in China, Russia, Iran, North Korea, Cuba, the Venezuelan Maduro regime, or Syria, the contract is completely prohibited in Florida — and if signed anyway, it carries no legal weight whatsoever.
The existing requirements under § 742.15 still apply: the gestational surrogate must be at least 18 years old, and the commissioning couple must be legally married and both at least 18 years old. HB 905 layers the foreign influence prohibition on top of these existing rules — it does not replace them.
How HB 905 Changes Preplanned Adoption Agreements (§ 63.213)
Section 63.213 governs preplanned adoption agreements, which are arrangements made in advance of a child's birth between a volunteer mother (biological mother who plans to place her child for adoption) and intended adoptive parents. HB 905 has amended this statute to add Section (2)(a), establishing that a preplanned adoption agreement is prohibited if:
1. The volunteer mother is a citizen or resident of a foreign country of concern as defined in s. 286.101(1); or
2. Either the intended father or intended mother is a citizen or resident of a foreign country of concern as defined in s. 286.101(1).
Notice that the preplanned adoption prohibition works slightly differently from the surrogacy prohibition. For adoption, the law specifically identifies the volunteer mother, the intended father, and the intended mother as the parties whose citizenship and residency are examined. Any one of these three individuals being a citizen or resident of a foreign country of concern triggers the prohibition.
Side-by-Side: What HB 905 Prohibits
| Area of Law | Florida Statute | Who Is Affected | Legal Consequence if Violated |
|---|---|---|---|
| Gestational Surrogacy | § 742.15(1)(b) | Any party to the contract | Contract is void and unenforceable as against public policy |
| Preplanned Adoption — Volunteer Mother | § 63.213(2)(a)(1) | The volunteer (birth) mother | Agreement is prohibited; cannot be legally formed |
| Preplanned Adoption — Intended Parents | § 63.213(2)(a)(2) | The intended father or intended mother | Agreement is prohibited; cannot be legally formed |
What Happens to Arrangements Already in Progress?
HB 905 takes effect July 1, 2026. Agreements entered into before that date under prior law may have been valid at the time they were signed. However, the practical reality is more complex: surrogacy and adoption timelines often extend well beyond a contract's signing date. Intended parents, surrogates, and agencies with ongoing arrangements involving citizens or residents of the covered countries should consult with experienced Florida assisted reproductive law counsel as soon as possible.
At Tate Healey Webster, we are prepared to review existing agreements, advise on the impact of HB 905 on in-progress matters, and help families understand their legal standing under the new law.
Frequently Asked Questions About HB 905
The statute refers to citizenship or residency of a foreign country of concern. If you are a U.S. permanent resident (green card holder) and no longer hold residency in or maintain citizenship of a foreign country of concern, you should consult with an attorney to evaluate your specific situation. The distinction between citizenship, dual citizenship, and residency status is legally significant, and each case requires individualized analysis.
HB 905 specifically amends § 742.15, which governs gestational surrogacy contracts. Florida does not have a separate statutory framework for traditional surrogacy (where the surrogate is also the genetic mother). However, individuals considering any form of collaborative reproduction should consult with counsel, as related statutes and common law principles may also apply.
The prohibition applies to parties to the contract itself. However, if an agency is an entity "under significant control" of a foreign country of concern, additional legal questions may arise. The broad definitional language warrants careful review of any agency's ownership and control structure. This is another reason to involve experienced Florida surrogacy counsel before entering any arrangement.
The statute prohibits agreements where any party is a "citizen or resident" of a foreign country of concern. The term "resident" can have nuanced legal meanings depending on context. Given the stakes — the potential for the contract to be declared void — this is not an area where parties should rely on informal interpretations. Legal counsel is essential.
HB 905 has been signed into law and takes effect July 1, 2026. Agreements entered into on or after that date must comply with the new restrictions. If you have an existing arrangement that may be affected, contact Tate Healey Webster for a review of your specific situation.
HB 905 specifically amends the preplanned adoption agreement statute (§ 63.213) and the gestational surrogacy statute (§ 742.15). Intercountry adoption from the listed countries is governed by a separate body of law, including the Hague Convention and federal immigration law, and is already effectively suspended from several of these countries through other mechanisms. Florida families interested in intercountry adoption should consult with our international adoption team.
What Intended Parents and Surrogates Should Do Right Now
Whether you are at the beginning of your surrogacy or adoption journey, currently in the matching process, or already under contract, HB 905 requires attention. Here is what we recommend:
If you are beginning the process: Screen all parties for citizenship and residency connections to the seven countries listed in § 286.101(1) before any agreements are signed. Your attorney should build this screening into the initial intake process.
If you are mid-process with a signed agreement: Have your existing contract reviewed by Florida assisted reproductive law counsel to assess whether HB 905's effective date creates any legal vulnerability for your arrangement.
If you are a surrogacy agency or adoption professional: Review your intake and matching protocols. Your standard operating procedures should be updated to include foreign country of concern screening before match confirmation and contract execution.
If you are uncertain about your citizenship or residency status: Do not assume. Citizenship, dual nationality, and residency have specific legal meanings that vary by context. Consult with an attorney — and potentially an immigration attorney — before proceeding.
