Preventing International Surrogacy Exploitation Act
- Bill Number
- H.R. 9132
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-06-03: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-01T08:09:03Z
AI-Generated Summary
Purpose of the Legislation This bill aims to stop foreign nationals from using surrogacy agreements with mothers in the United States. It invalidates such contracts and penalizes those who help arrange them, citing national security concerns about children gaining U.S. citizenship and potential foreign influence.
Key Provisions Outlined
- Definitions: Clarifies terms such as foreign national (a non-U.S. citizen or permanent resident), surrogacy agreement (any contract where a surrogate agrees to carry and relinquish a child), surrogacy broker (anyone who arranges these deals), and prospective parent.
- Void Contracts: Any surrogacy agreement involving a foreign national prospective parent and a U.S.-based or U.S.-citizen surrogate is declared invalid and unenforceable.
- Exception: Contracts remain valid if two legally married prospective parents are involved and at least one is a U.S. citizen or lawful permanent resident.
- Penalties: Surrogacy brokers who knowingly or recklessly facilitate invalid agreements face fines or up to 10 years in prison.
- Child Custody: If a contract is void, custody is decided solely by the best interests of the child under the laws of the state where the surrogate lives, ignoring the original agreement.
- Immigration Limits: Foreign national parents of a child born under a void contract cannot gain immigration benefits based on that parent-child relationship.
- Effective Date: Applies only to agreements made on or after the bill becomes law.
Significant Changes to Existing Law Introduced The bill creates new federal rules that override state surrogacy laws in cases involving foreign nationals. It introduces criminal penalties for brokers and blocks immigration pathways that currently exist under the Immigration and Nationality Act. No prior federal law directly addressed international commercial surrogacy in this way.
Potential Impacts
- On Government Agencies: Requires courts and immigration officials to disregard certain parentage claims and apply new enforcement standards.
- On Citizens: Limits options for U.S. surrogates working with foreign clients and may affect family formation for some U.S. residents.
- On International Relations: Could strain ties with countries that rely on U.S. surrogacy services and restrict travel or family reunification for affected foreign nationals.
Main Stakeholders Affected
- Foreign nationals seeking U.S. surrogates
- U.S.-based surrogate mothers and fertility clinics
- Surrogacy brokers and agencies
- State family courts handling custody disputes
- U.S. immigration authorities
- Children born under these agreements
Notable Legal, Constitutional, or Political Implications The measure raises questions about federal authority over family and contract law traditionally handled by states. It treats surrogacy agreements differently based on nationality, which could invite challenges under equal protection principles. The bill also links child citizenship and immigration rights to the validity of private contracts, potentially affecting long-standing interpretations of birthright citizenship and family-based immigration.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (21)
Rep. Biggs, Andy [R-AZ-5], Rep. Biggs, Sheri [R-SC-3], Rep. Burchett, Tim [R-TN-2], Rep. Fine, Randy [R-FL-6], Rep. Gosar, Paul A. [R-AZ-9], Rep. Harshbarger, Diana [R-TN-1], Rep. Harris, Mark [R-NC-8], Rep. Miller, Mary E. [R-IL-15], Rep. Moore, Barry [R-AL-1], Rep. Self, Keith [R-TX-3], Rep. Steube, W. Gregory [R-FL-17], Rep. Davidson, Warren [R-OH-8], Rep. Donalds, Byron [R-FL-19], Rep. Begich, Nicholas J. [R-AK-At Large], Rep. Harris, Andy [R-MD-1], Rep. Crane, Elijah [R-AZ-2], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Norman, Ralph [R-SC-5], Rep. McDowell, Addison P. [R-NC-6], Rep. Boebert, Lauren [R-CO-4], Rep. DesJarlais, Scott [R-TN-4]
Recent Actions
- 2026-06-03: Referred to the House Committee on the Judiciary.
- 2026-06-03: Introduced in House
- 2026-06-03: Introduced in House
Bill Versions
- Preventing International Surrogacy Exploitation Act — issued 2026-06-03 — PDF (7 pages)