DM Norman Law Offices, APC.

This Week’s Big Picture

If you are building your family through IVF, surrogacy, or egg donation — in the U.S. or from abroad —this has been a week worth paying attention to. The Supreme Court held landmark oral arguments on birthright citizenship, the Florida legislature finalized a surrogacy ban for Chinese nationals, and three states made meaningful moves to expand IVF insurance coverage. Here is what you need to know.

What This Means for You

1. Florida Surrogacy Ban for Chinese Nationals — Now Sent to the Governor

This is the most urgent update for Chinese intended parents. Florida’s legislature has passed HB 905, also known as the FIRE Act, which bans citizens or permanent residents of “foreign countries of concern” — including China, Russia, Iran, and several others — from entering into surrogacy agreements or adoptions in Florida. The bill now awaits Governor DeSantis’s signature. If signed, it takes effect July 1, 2026.

In plain terms: if you hold Chinese citizenship or permanent residency, you would no longer be able to use a surrogate in Florida after July 1. If you are currently arranging surrogacy in Florida, speak with your attorney now about your timeline and alternatives. Other surrogacy-friendly states such as California, Connecticut, and Nevada are not affected by this law.

2. Supreme Court Birthright Citizenship Arguments — What We Learned

On April 1, the U.S. Supreme Court heard oral arguments in the challenge to President Trump’s executive order limiting birthright citizenship. The good news: the justices — including several Trump appointees — appeared deeply skeptical of the administration’s position. Chief Justice Roberts and Justices Barrett and Gorsuch all raised pointed questions.Children born via surrogacy in the U.S. are still being recognized as U.S. citizens at birth right now — nothing has changed. A final ruling is expected by June 2026. Based on the arguments, legal experts believe the Court is likely to rule against the executive order, preserving birthright citizenship. We will keep watching.

3. IVF Insurance — Three States Make Progress

Three states are expanding IVF coverage this year:

• New York: The state Senate advanced a package of bills that would prohibit insurers from requiring women 35 and older to transfer all embryos from a prior cycle before covering another, require coverage for donor egg retrievals and unlimited embryo transfers, and extend protections to same-sex couples. Still needs Assembly and Governor approval.
• Arizona: SB 1347 is advancing in the House. It would require insurance coverage for fertility preservation for cancer patients whose treatment could cause infertility — such as egg or sperm freezing before chemotherapy.
• Hawaii: Similar fertility preservation legislation (HB 1684) passed the House and is now in the Senate.

4. IVF and Embryo Rights — The Quiet Tension Continues

Across the country, the debate over embryo personhood has not gone away. In 17 states, laws already recognize some form of fetal rights. While none have gone as far as Alabama’s 2024 ruling since that state passed protective legislation, the underlying tension affects how clinics operate and how families plan. If you are doing IVF in a state with active personhood legislation, ask your clinic how they handle embryo disposition decisions.

5. Federal Bills — Watching and Waiting

Congress still has several IVF-related bills in play: the IVF Access and Affordability Act (H.R. 1878), the Health Coverage for IVF Act (H.R. 3480), and the Protect IVF Act (S. 2035). None advanced significantly this week. The bigger federal story is the 2026 NDAA, which removed a prior IVF expansion provision for military families — meaning TRICARE coverage for servicemembers remains limited to injury-related infertility.

This alert is for general information only and does not constitute legal advice. If you have questions about your specific situation, please speak with an attorney.