This bill would make it a federal crime for a "covered sex offender" to obtain a child through surrogacy or to enter into a surrogacy contract as an intended parent. The bill sets a penalty of a fine, imprisonment for up to 10 years, or both. A "covered sex offender" means a person who is or was required to register under the Adam Walsh Act.
The bill lists several circumstances that give federal jurisdiction. Those include travel in interstate or foreign commerce, use of interstate communications or payments, use of equipment that moved in interstate commerce, conduct in U.S. territories or special maritime jurisdiction, or other conduct that affected interstate or foreign commerce. The bill also says a federal court may not enforce any surrogacy contract where the intended parent is a covered sex offender.
The measure adds a federal civil jurisdiction section giving U.S. district courts original jurisdiction over civil actions about surrogacy contracts when the same interstate-commerce conditions apply. The bill defines key terms such as "obtain," "child" (under 18), "surrogacy," "surrogacy contract," "intended parent," "surrogate mother," and it includes a definition of "female."
No publicly available information.
Sponsors (Representatives Nancy Mace and Don Bacon) introduced the bill to prohibit covered sex offenders from obtaining children through surrogacy. The bill title states its purpose is to protect children in surrogacy arrangements.
No publicly available information.