HR7293-119

What This Bill Does

The Protecting Children in Surrogacy Act adds a federal offense for covered sex offenders who knowingly obtain a child through surrogacy or enter a surrogacy contract as intended parents in circumstances connected to interstate or foreign commerce, payments, communications, travel, equipment, U.S. territories, or other interstate effects. Violators can be fined and imprisoned for up to 10 years. A federal court may not enforce a surrogacy contract where an intended parent is a covered sex offender. The bill defines covered sex offender by reference to required registration on the National Sex Offender Registry, defines obtain to include legal or physical custody, guardianship, or parental rights, and defines child, surrogacy, surrogacy contract, intended parent, surrogate mother, and female. It also gives federal district courts original jurisdiction over civil actions where the matter in controversy is a covered surrogacy contract.

Who Benefits and How

Children born through surrogacy benefit from a federal bar on covered sex offenders using surrogacy contracts or interstate channels to obtain custody or parental rights. Surrogate mothers and families benefit because contracts involving a covered sex offender intended parent cannot be enforced in federal court. Federal prosecutors benefit from a defined criminal offense, interstate-commerce hooks, and a 10-year maximum penalty. Child-protection advocates benefit from a federal rule tied to the National Sex Offender Registry rather than relying only on State surrogacy rules.

Who Bears the Burden and How

Covered sex offenders are prohibited from obtaining children through surrogacy or becoming intended parents in covered interstate, foreign, territorial, payment, communication, or equipment-linked circumstances. Surrogacy agencies, attorneys, fertility clinics, and intended parents must screen for covered sex-offender status or risk unenforceable contracts and criminal exposure. Federal courts must hear covered surrogacy-contract civil actions and refuse enforcement where an intended parent is a covered sex offender. Federal prosecutors and investigators must prove registry status and the interstate or territorial connection.

Key Provisions

• Creates a federal offense for covered sex offenders who obtain a child through surrogacy or enter a surrogacy contract as intended parents.
• Provides penalties of a fine, up to 10 years imprisonment, or both for covered violations.
• Bars federal courts from enforcing surrogacy contracts where an intended parent is a covered sex offender.
• Gives federal district courts original jurisdiction over covered surrogacy-contract civil actions and defines key surrogacy terms.