Protecting Kids from Creeps Act

Full Title:
Protecting Kids from Creeps Act

Summary#

This bill makes it a federal crime for surrogacy agencies, agency employees, and sex offenders to take part in surrogacy agreements when one party is a registered sex offender. It adds a new section to federal criminal law. The bill sets prison terms and fines for agencies and individuals. It also says a convicted agency would lose 501(c)(3) tax-exempt status and be barred from receiving federal grants. Any surrogacy agreement that breaks this rule would be void and unenforceable. The Attorney General may sue for a civil penalty equal to the compensation paid or offered for the prohibited conduct. The bill defines "sex offender" as someone required to register under the Adam Walsh Act and defines "surrogacy agency," "surrogacy agreement," and "surrogate parent."

What it means for you#

  • Surrogacy agencies: They would face criminal penalties if they knowingly or recklessly facilitate a surrogacy agreement involving a registered sex offender. Reckless agency conduct carries a minimum 10-year prison term; knowing conduct carries a minimum 20-year term. A convicted agency can lose 501(c)(3) status and federal grants.
  • Agency employees: An employee who knowingly facilitates such an agreement faces at least 20 years in prison and fines.
  • Sex offenders: A person required to register under the Adam Walsh Act who knowingly enters into a surrogacy agreement faces at least 20 years in prison and fines.
  • Prospective parents and surrogates: Any surrogacy agreement that violates this rule would be void and unenforceable.
  • Children born under voided agreements: Legal custody of the child would be decided under the law of the state where the surrogate lives, based on the child’s best interests, and the surrogacy agreement would not be given legal effect.

Expenses#

No publicly available information on the bill’s overall federal budgetary costs or savings. The bill does, however, create criminal penalties (prison terms and fines) and allows the Attorney General to seek civil penalties equal to the compensation paid or offered for prohibited conduct.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.