SAFE KIDS Act
- Bill Number
- H.R. 7040
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-01-21: Sponsor introductory remarks on measure. (CR H1161-1162)
- Last Updated
- 2026-06-04T08:08:22Z
AI-Generated Summary
Purpose of the Legislation
The SAFE KIDS Act aims to block citizens of countries considered foreign adversaries (referred to as "foreign entities of concern," such as nations posing national security risks like China or Russia) from using commercial surrogacy in the United States. It addresses concerns that these individuals exploit U.S. surrogacy laws to have children born in the U.S., potentially gaining U.S. citizenship for the children, while also risking exploitation of surrogate mothers and facilitating issues like human trafficking.
Key Provisions
- Definitions:
- Foreign entity of concern: Countries listed under U.S. law (10 U.S.C. § 4872(f)(2)) as national security threats.
- Surrogacy agreement: Any contract or arrangement (oral or written) where a surrogate agrees to carry and give birth to a child, then relinquish parental rights to prospective parents. For agreements with citizens or permanent residents of foreign entities of concern, there's a presumption that the surrogate intends to give up rights, even if not explicitly stated.
- Prospective parent: Person entering the agreement to become the legal parent.
- Surrogacy broker: Any individual or business that helps form or carry out such agreements.
- Surrogate parent: The person who agrees to become pregnant and give up rights to the child.
- Voiding Contracts (Section 4): Surrogacy agreements are invalid and cannot be enforced in U.S. courts if they involve a U.S.-based surrogate (or one who is a U.S. citizen/permanent resident) and prospective parents who are citizens or permanent residents of foreign entities of concern. Brokers arranging such deals are also covered.
Exception: Agreements remain valid if the prospective parents are legally married and at least one is a U.S. citizen or permanent resident.
- Penalties for Brokers (Section 5): Surrogacy brokers who knowingly or recklessly help form or execute invalid agreements face fines (under federal criminal law), up to 1 year in prison, or both.
- Child Custody (Section 6): If an agreement is void, custody of the child is determined by the "best interests of the child" standard under the laws of the state where the surrogate lives. The invalid agreement has no legal weight.
Significant Changes to Existing Law
- Previously, surrogacy has been regulated mainly by state laws, with the U.S. allowing international commercial surrogacy without federal restrictions on participants' nationalities. This bill introduces federal oversight, making certain international surrogacy contracts automatically void nationwide and adding criminal penalties for brokers—shifting some family law matters from state to federal jurisdiction.
- It creates a presumption in surrogacy agreements involving foreign entities of concern, treating them as full relinquishment of rights even without explicit terms, which isn't standard in current U.S. surrogacy practices.
Potential Impacts
- On Government Agencies: The Department of Justice would likely handle enforcement, including prosecutions of brokers, increasing federal involvement in reproductive and family matters. State courts would apply the "best interests" standard for custody but lose ability to enforce void federal contracts.
- On Citizens: U.S. surrogate mothers (often in financial need) may face legal uncertainty or custody battles if involved in invalid agreements, potentially reducing their participation in international surrogacy. It limits options for U.S. citizens married to foreign nationals from adversarial countries.
- On International Relations: Could strain ties with listed foreign entities of concern by restricting their citizens' access to U.S. services, framing surrogacy as a national security issue. It may encourage other countries to tighten their own surrogacy bans.
- Broader Effects: The surrogacy industry (brokers, clinics) could see reduced business from international clients, impacting revenue. Children born from void agreements might face citizenship or custody complications, as U.S. birth generally grants citizenship regardless.
Main Stakeholders Affected
- Surrogate Mothers: Primarily U.S. citizens or residents, who may lose promised compensation or face custody disputes.
- Prospective Parents from Foreign Entities of Concern: Barred from enforcing U.S.-based surrogacy, forcing them to seek alternatives abroad.
- Surrogacy Brokers and Agencies: Face criminal risks for facilitating deals, potentially shrinking the commercial surrogacy market.
- Children Born via Surrogacy: Their custody and citizenship could be contested, with decisions based on state child welfare laws.
- U.S. States and Courts: Must handle custody cases without considering void agreements, increasing workload in family law.
Notable Legal, Constitutional, or Political Implications
- Legal: Represents federal encroachment into state-regulated areas like family and contract law, potentially leading to challenges over uniformity across states. The presumption in surrogacy definitions could be contested for assuming intent without clear evidence.
- Constitutional: May raise equal protection concerns by targeting specific nationalities, or due process issues if it disrupts existing contracts retroactively (though the bill focuses on future agreements). It balances national security against reproductive rights.
- Political: Highlights tensions between child protection/national security and personal freedoms, with bipartisan sponsorship but potential debates over xenophobia or overreach in regulating private agreements. If passed, it could set precedents for federal limits on other international family practices.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (21)
Rep. Moolenaar, John R. [R-MI-2], Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Aderholt, Robert B. [R-AL-4], Rep. Dunn, Neal P. [R-FL-2], Rep. Moran, Nathaniel [R-TX-1], Rep. Gosar, Paul A. [R-AZ-9], Rep. Harshbarger, Diana [R-TN-1], Rep. McCormick, Richard [R-GA-7], Rep. Rulli, Michael A. [R-OH-6], Rep. McDowell, Addison P. [R-NC-6], Rep. Kennedy, Mike [R-UT-3], Rep. McGuire, John J. [R-VA-5], Rep. Sessions, Pete [R-TX-17], Rep. Shreve, Jefferson [R-IN-6], Rep. Rose, John W. [R-TN-6], Rep. Owens, Burgess [R-UT-4], Rep. Cline, Ben [R-VA-6], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Harris, Andy [R-MD-1], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Biggs, Sheri [R-SC-3]
Recent Actions
- 2026-01-21: Sponsor introductory remarks on measure. (CR H1161-1162)
- 2026-01-13: Referred to the House Committee on the Judiciary.
- 2026-01-13: Introduced in House
- 2026-01-13: Introduced in House
Bill Versions
- Stopping Adversarial Foreign Exploitation of Kids In Domestic Surrogacy Act — issued 2026-01-13 — PDF (6 pages)