Florida surrogacy law stayed the same for almost 30 years. That changed on July 1, 2026, when House Bill 905, known as the Florida Foreign Influence Restrictions and Enforcement Act, or the FIRE Act, took effect, adding new citizenship and residency requirements for every party to a surrogacy agreement.
The change was discussed on a recent episode of The Surrogacy Space podcast moderated by Elizabeth Somerstein, a Greenspoon Marder land use partner. The conversation focused on what intended parents, surrogates, and matching programs need to understand before entering or continuing a surrogacy arrangement in Florida.
Where the Provision Came From
The FIRE Act began as a bill addressing business dealings with countries that the state identifies as foreign security concerns. Lawmakers added the surrogacy provision through a late amendment during the legislative session, following a California case involving intended parents who were Chinese nationals and drew FBI attention. That single case became the basis for a new statewide restriction covering every surrogacy arrangement in Florida.
What the Law Requires
Under the FIRE Act, no party to a surrogacy agreement can hold citizenship or residency in a country Florida law defines as a foreign country of concern. Those countries include the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, North Korea, Cuba, Venezuela under the Maduro regime, and Syria. The restriction covers intended parents, the surrogate, and any spouse or partner who joins the agreement.
Many people hold citizenship in more than one country through birth or heritage. A person who has not formally renounced citizenship in a listed country cannot serve as a party to a Florida surrogacy agreement, even with U.S. citizenship also in place. Renouncing citizenship under the other country’s immigration laws typically resolves the issue. Attorneys and agencies now ask every client during intake whether they hold citizenship in any other country. Residency carries similar weight in the analysis, since the statute leaves the term undefined and attorneys look at where a person primarily lives and files taxes.
Existing Agreements
The FIRE Act contains no language making it retroactive. Families who signed a surrogacy agreement, achieved a pregnancy, or obtained a pre-birth order before July 1, 2026, should fall outside the new restrictions, even when the birth occurs after that date. Any agreement signed after July 1, 2026, must meet the citizenship and residency requirements from the outset.
A Trend Beyond Florida
Texas lawmakers have already begun discussing a similar citizenship-based restriction. Proposed federal legislation addressing sex offender restrictions in surrogacy matters points to growing national interest in an area of law that states have traditionally regulated on their own. Florida surrogacy attorneys formed the Florida Family Building Advocates and retained a lobbyist ahead of the 2027 legislative session to give the surrogacy community a voice in future proposals.
In response, all parties involved in a Florida arrangement should confirm the citizenship and residency status of every party to their agreement, including any spouse or partner of the surrogate, and speak directly with a surrogacy attorney about how the FIRE Act applies to their specific circumstances.
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