HR6208-119

1. Short title This Act may be cited as the No Surrogacy for Sex Offenders Act.

2. Prohibition on surrogacy arrangements involving sex offenders Chapter 109B of title 18, United States Code, is amended by adding at the end the following: A person who is a sex offender and, while required to register under the Sex Offender Registration and Notification Act, uses an instrumentality of interstate or foreign commerce to enter into a surrogacy arrangement, with respect to a child carried in pregnancy by another person in consequence of carrying out the arrangement, with the intent to exercise the parental rights with respect to the child, shall be fined under this title or imprisoned not more than 18 years, or both. A person who uses an instrumentality of interstate or foreign commerce to enter into a surrogacy arrangement, with respect to a child carried in pregnancy by another person in consequence of carrying out the arrangement, with the intent to exercise the parental rights with respect to the child, and commits a sex offense, any part or element of which is committed in the period that begins with the use of the instrumentality and ends with the birth of the child, shall be fined under this title or imprisoned not more than 18 years, or both. In this section: The terms sex offender and sex offense have the meanings given the terms in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911). The term surrogacy arrangement means any arrangement in which a person agrees to carry a child in pregnancy, which is not initiated at the time that the arrangement is made, with the expectation that— the person shall not exercise any parental rights with respect to the child; and another person who agrees to the arrangement shall exercise the parental rights with respect to the child. The table of sections for such chapter is amended by adding at the end the following: 2250A.Surrogacy arrangements involving sex offenders (a)A person who is a sex offender and, while required to register under the Sex Offender Registration and Notification Act, uses an instrumentality of interstate or foreign commerce to enter into a surrogacy arrangement, with respect to a child carried in pregnancy by another person in consequence of carrying out the arrangement, with the intent to exercise the parental rights with respect to the child, shall be fined under this title or imprisoned not more than 18 years, or both. (b)A person who uses an instrumentality of interstate or foreign commerce to enter into a surrogacy arrangement, with respect to a child carried in pregnancy by another person in consequence of carrying out the arrangement, with the intent to exercise the parental rights with respect to the child, and commits a sex offense, any part or element of which is committed in the period that begins with the use of the instrumentality and ends with the birth of the child, shall be fined under this title or imprisoned not more than 18 years, or both. (c)In this section: (1)The terms sex offender and sex offense have the meanings given the terms in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911). (2)The term surrogacy arrangement means any arrangement in which a person agrees to carry a child in pregnancy, which is not initiated at the time that the arrangement is made, with the expectation that— (A)the person shall not exercise any parental rights with respect to the child; and (B)another person who agrees to the arrangement shall exercise the parental rights with respect to the child. . 2250A. Surrogacy arrangements involving sex offenders..

2250A. Surrogacy arrangements involving sex offenders A person who is a sex offender and, while required to register under the Sex Offender Registration and Notification Act, uses an instrumentality of interstate or foreign commerce to enter into a surrogacy arrangement, with respect to a child carried in pregnancy by another person in consequence of carrying out the arrangement, with the intent to exercise the parental rights with respect to the child, shall be fined under this title or imprisoned not more than 18 years, or both. A person who uses an instrumentality of interstate or foreign commerce to enter into a surrogacy arrangement, with respect to a child carried in pregnancy by another person in consequence of carrying out the arrangement, with the intent to exercise the parental rights with respect to the child, and commits a sex offense, any part or element of which is committed in the period that begins with the use of the instrumentality and ends with the birth of the child, shall be fined under this title or imprisoned not more than 18 years, or both. In this section: The terms sex offender and sex offense have the meanings given the terms in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911). The term surrogacy arrangement means any arrangement in which a person agrees to carry a child in pregnancy, which is not initiated at the time that the arrangement is made, with the expectation that— the person shall not exercise any parental rights with respect to the child; and another person who agrees to the arrangement shall exercise the parental rights with respect to the child.