No Surrogacy for Sex Offenders Act

Bill Number

H.R. 6208

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-11-20: Referred to the House Committee on the Judiciary.

Last Updated

2025-11-24T17:41:54Z

AI-Generated Summary

Purpose

The "No Surrogacy for Sex Offenders Act" (H.R. 6208) aims to prevent individuals convicted of sex offenses from using surrogacy to become parents, by criminalizing certain surrogacy arrangements involving sex offenders. It seeks to protect children from potential harm by restricting parental rights through surrogacy for those required to register as sex offenders under federal law.

Key Provisions

• Prohibition for Registered Sex Offenders: A person who is required to register as a sex offender (under the Sex Offender Registration and Notification Act, or SORNA) cannot use tools of interstate or foreign commerce—such as the internet, phone, or mail—to enter a surrogacy arrangement if they intend to exercise parental rights over the resulting child. Violation carries a fine, imprisonment up to 18 years, or both.
• Prohibition for New Sex Offenses During Surrogacy: Any person entering a surrogacy arrangement intending to exercise parental rights over the child commits a crime if they perpetrate a sex offense (as defined under SORNA) at any point from the start of the arrangement until the child's birth. The penalty is the same: a fine, up to 18 years in prison, or both.
• Definitions:
• "Sex offender" and "sex offense" refer to terms defined in SORNA (34 U.S.C. 20911), which generally cover individuals convicted of crimes like sexual abuse or exploitation.
• "Surrogacy arrangement" means an agreement where one person carries and gives birth to a child (not conceived at the time of the agreement) with the understanding that they will not have parental rights, and another person will assume those rights.
• The bill adds a new section (2250A) to Chapter 109B of Title 18, United States Code (which deals with sex offender registration and related crimes), and updates the chapter's table of contents accordingly.

Significant Changes to Existing Law

• This legislation expands federal restrictions on sex offenders by adding surrogacy-specific prohibitions to Title 18's Chapter 109B, which previously focused on registration, travel, and other activities but did not address reproductive arrangements like surrogacy.
• It introduces criminal penalties (up to 18 years imprisonment) for actions tied to interstate commerce, aligning with existing federal laws on sex offender conduct but targeting a new area: family formation through surrogacy.
• No changes to state surrogacy laws are made; this is a federal overlay focused on sex offenders.

Potential Impacts

• On Government Agencies: The Department of Justice and law enforcement (e.g., FBI) will need to enforce the new prohibitions, potentially increasing investigations into surrogacy contracts involving suspected sex offenders. This could strain resources for monitoring interstate surrogacy activities.
• On Citizens: Registered sex offenders face new barriers to using surrogacy for parenthood, limiting their reproductive options. Intended parents (non-offenders) risk penalties if they commit sex offenses during the surrogacy process. Surrogates and fertility clinics may require additional screening to avoid facilitating illegal arrangements.
• On International Relations: Minimal direct impact, though it could affect cross-border surrogacy (e.g., with countries offering surrogacy services) by applying U.S. penalties to arrangements using international commerce, potentially complicating global fertility tourism for U.S. residents.

Main Stakeholders Affected

• Sex Offenders: Directly restricted from surrogacy-based parenthood while registered under SORNA, facing severe penalties for violations.
• Intended Parents and Surrogates: Non-offenders using surrogacy must ensure no sex offenses occur during the process; surrogates could face indirect risks if involved in prohibited arrangements.
• Law Enforcement and Courts: Responsible for prosecution, requiring expertise in surrogacy contracts and sex offender status verification.
• Fertility and Legal Professionals: Clinics, attorneys, and agencies handling surrogacy may need to implement compliance measures, such as background checks, to avoid aiding violations.
• Children Born via Surrogacy: Indirectly protected by aiming to prevent parenting by individuals with sex offense histories.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Strengthens federal oversight of sex offenders by linking surrogacy to interstate commerce, similar to laws restricting offender travel or internet use. It may lead to challenges in proving "intent to exercise parental rights" in court, requiring evidence from contracts or communications.
• Constitutional Implications: Could raise questions about reproductive rights under the Fourteenth Amendment's due process clause, as it limits family formation for a specific group (sex offenders). However, courts have upheld similar restrictions on offenders (e.g., custody limits) as justified by public safety, given the bill's focus on protecting children from potential recidivism.
• Political Implications: Reflects a "tough on crime" approach, particularly regarding child protection, and may influence debates on balancing offender rehabilitation with societal safeguards. As an introduced bill (not yet law), it signals congressional interest in expanding sex offender restrictions into personal life choices like surrogacy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Luna, Anna Paulina [R-FL-13]

Recent Actions

• 2025-11-20: Referred to the House Committee on the Judiciary.
• 2025-11-20: Introduced in House
• 2025-11-20: Introduced in House

Bill Versions

• No Surrogacy for Sex Offenders Act — issued 2025-11-20 — PDF (3 pages)