Protecting Children in Surrogacy Act
- Bill Number
- H.R. 7293
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-01-30: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-05-05T08:06:21Z
AI-Generated Summary
Purpose
The Protecting Children in Surrogacy Act aims to prevent individuals convicted of certain sex offenses—referred to as "covered sex offenders"—from using surrogacy arrangements to obtain parental rights or custody of a child. It establishes federal criminal penalties and court restrictions to protect children from potential harm by such individuals.
Key Provisions
- Criminal Prohibition (18 U.S.C. § 2260B):
- Prohibits a covered sex offender from knowingly obtaining a child through surrogacy or entering a surrogacy contract as an intended parent.
- Penalties include fines, imprisonment for up to 10 years, or both.
- Applies in cases involving interstate or foreign commerce, such as travel, payments, communications, or use of equipment across state lines; actions in U.S. territories; or any impact on interstate/foreign commerce.
- Nonenforcement of Contracts: Federal courts are barred from enforcing surrogacy contracts if an intended parent is a covered sex offender.
- Federal Court Jurisdiction (28 U.S.C. § 1370):
- Grants U.S. district courts original jurisdiction over civil cases involving surrogacy contracts that meet the commerce-related criteria outlined in the criminal provision.
- Definitions:
- Covered sex offender: A person required to register on the National Sex Offender Registry under the Adam Walsh Child Protection and Safety Act (a federal law tracking sex offenders).
- Surrogacy: An agreement where a surrogate mother carries and gives birth to a child, then transfers custody or parental rights to intended parent(s).
- Obtain: Gaining legal custody, guardianship, or parental rights over a child via surrogacy or related agreements.
- Child: Anyone under 18 years old.
- Intended parent: The person(s) in the surrogacy contract who will take permanent custody of the child.
- Surrogate mother: A woman who agrees to bear the child under the contract.
- Female: Defined broadly to include individuals with (or who would have had) a reproductive system capable of producing and using eggs for fertilization, accounting for anomalies or medical conditions.
Significant Changes to Existing Law
- Adds a new criminal statute (18 U.S.C. § 2260B) to Chapter 110 of Title 18 (which covers sexual exploitation and other abuse of children), creating a specific federal ban on surrogacy for registered sex offenders where no such explicit prohibition previously existed.
- Introduces a new jurisdictional provision (28 U.S.C. § 1370) to Chapter 85 of Title 28, expanding federal courts' authority over surrogacy-related civil disputes tied to interstate commerce, which was not previously addressed in federal law.
- These amendments integrate surrogacy restrictions into existing federal frameworks for child protection and sex offender registries, without altering those underlying laws.
Potential Impacts
- On Citizens: Limits reproductive options for covered sex offenders by criminalizing surrogacy involvement and invalidating related contracts, potentially affecting family-building processes. It may deter surrogacy agencies from working with such individuals and provide greater safeguards for children born via surrogacy.
- On Government Agencies: The Department of Justice gains enforcement authority over these cases, requiring resources for investigations involving interstate elements. Federal courts will handle more surrogacy disputes, possibly increasing caseloads in civil and criminal matters.
- On International Relations: Could influence cross-border surrogacy arrangements (e.g., if parties travel abroad or use international payments), potentially complicating U.S. citizens' access to foreign surrogacy services and requiring coordination with other countries on enforcement.
Main Stakeholders Affected
- Covered sex offenders: Directly restricted from surrogacy, facing criminal liability.
- Intended parents and surrogate mothers: Impacted if involved in contracts with offenders; surrogates may face unenforceable agreements.
- Children: Primary beneficiaries, with protections against placement with registered offenders.
- Surrogacy providers and agencies: Must screen participants to avoid legal risks, potentially altering industry practices.
- Federal law enforcement and courts: Responsible for prosecution, jurisdiction, and nonenforcement decisions.
Notable Legal, Constitutional, or Political Implications
- Legal: Broadens federal oversight of surrogacy by linking it to commerce clauses, allowing intervention in private family matters typically handled at the state level; may lead to challenges over contract validity and interstate enforcement.
- Constitutional: Could raise questions about due process or equal protection for offenders' parental rights, though it aligns with existing child welfare precedents; the detailed definition of "female" might invite scrutiny for its biological focus in reproductive contexts.
- Political: Reinforces child protection priorities in federal policy, potentially sparking debates on balancing offender rehabilitation with public safety, and on the regulation of emerging reproductive technologies like surrogacy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-01-30: Referred to the House Committee on the Judiciary.
- 2026-01-30: Introduced in House
- 2026-01-30: Introduced in House
Bill Versions
- Protecting Children in Surrogacy Act — issued 2026-01-30 — PDF (7 pages)