This Week’s Big Picture

A quieter week, but several key deadlines are now approaching:

Last week, Florida HB 905, also known as the FIRE Act, was signed into law, and the federal government also previewed a new pathway for employer-sponsored fertility benefits. This week has been quieter on the surface, but one development is important: the federal proposed rule has now been officially published in the Federal Register, and the public comment period has formally begun.

This means the discussion has moved from a policy signal to an official administrative rulemaking process.

1.  Federal Fertility Benefits Rule: Public Comment Period Has Officially Started

On May 13, 2026, the federal government’s proposed rule regarding “Excepted Fertility Benefits” was officially published in the Federal Register. The deadline to submit public comments is July 13, 2026.
This is an important step. Beginning on this date, members of the public, employers, insurance companies, fertility clinics, patient advocacy groups, and professional organizations may formally submit comments to the regulatory agencies.

In simple terms, the proposed rule would allow employers to offer fertility benefits separately, similar to how dental and vision coverage may be offered. The fertility benefit could be offered separately from the employer’s main health plan, and employees would not necessarily need to enroll in the employer’s primary health insurance plan in order to participate in this fertility benefit. The proposed rule currently provides for a lifetime family benefit limit of $120,000, which may be adjusted in the future based on medical inflation.

However, it is important to emphasize that this is still only a proposed rule, not a final rule. No one’s insurance coverage will change immediately because of this proposal. Whether the final rule will be adopted, when it may take effect, and whether the scope of coverage will be revised will depend on the next steps after the public comment period closes.

This week, the American Society for Reproductive Medicine, or ASRM, also issued an initial response. Its position can generally be summarized as follows: the direction is encouraging, but it is still not enough. For families who truly need IVF, egg donation, sperm donation, embryo storage, surrogacy-related medical services, or other assisted reproductive care, the practical impact of the rule will depend heavily on how “fertility benefits” are ultimately defined, whether more comprehensive assisted reproductive services will be covered, and whether significant insurance limitations will remain.
For those who care about this issue, now is a meaningful time to speak up. Comments may be submitted through ASRM, RESOLVE, fertility clinics, employers’ HR departments, or employee benefits committees. For individual families, the most helpful comments are often not legal arguments, but real-life explanations: why current insurance coverage is insufficient, where the financial burden of IVF or other fertility treatment arises, and which services must be included for the benefit to be meaningful in practice.

2. Florida FIRE Act: No New Guidance Yet, But Time Is Running Short

Florida HB 905, the FIRE Act, is still scheduled to take effect on July 1, 2026. So far, there does not appear to be further implementation guidance from the Florida Attorney General’s Office or relevant state agencies regarding transition issues for surrogacy, adoption contracts, or assisted reproduction arrangements.

That lack of guidance is precisely why this area requires caution in practice.

If an arrangement involves Florida and any party is a citizen or resident of China, Russia, Iran, North Korea, Cuba, Venezuela, or Syria, it is not advisable to wait for official clarification. Even if guidance is eventually issued, it may come too late to resolve issues in cases that are already in the medical process or contract performance stage.

Over the next two weeks, the more practical steps are:

• First, confirm whether the contract has been fully signed and notarized.
• Second, confirm the current stage of the medical process, such as whether matching, legal contracts, legal clearance, medication, egg retrieval, embryo transfer, or pregnancy confirmation has already occurred.
• Third, consult Florida local counsel as early as possible regarding arrangements signed before July 1 but still being performed after July.
• Fourth, if there is still room to adjust the case structure, consider whether it may be appropriate to use another state with more established rules and clearer practical procedures, such as California, Nevada, Illinois, Connecticut, or Massachusetts.

The goal is not to create panic. The goal is to avoid waiting until late June or early July, only to discover that the contract, clinic clearance, parentage process, or birth-document procedures are all affected at the same time.

This update is provided for general informational purposes only and does not constitute legal advice for any specific case. For advice regarding your particular situation, please consult an attorney.

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.