Summary#
This bill (SAFE KIDS Act) would make many surrogacy contracts with people tied to certain foreign countries void in U.S. courts. It targets prospective parents who are citizens or permanent residents of foreign “entities of concern” (as defined by an existing federal law). The stated goal is to prevent exploitation of U.S. surrogates and to stop foreign persons from using U.S. births for other ends.
- Main change: Surrogacy agreements are void and unenforceable if the prospective parent is a citizen or permanent resident of a listed foreign entity of concern, or if a broker arranged such an agreement.
- Exception: A contract is not invalidated if there are two legally married prospective parents and at least one is a U.S. citizen or lawful permanent resident.
- Criminal penalty: A surrogacy broker who knowingly or recklessly facilitates an agreement that is void can face a fine, up to 1 year in jail, or both.
- Custody rule: If a surrogacy agreement is void, custody of the child is decided under the best-interests rules of the state where the surrogate lives, and the surrogacy contract cannot be used to decide custody.
- Definitions: The bill defines key terms like “surrogate parent,” “prospective parent,” and uses an existing federal list for “foreign entity of concern.”
What it means for you#
- Surrogate mothers in the U.S.: Contracts with prospective parents who are citizens or green-card holders of a listed foreign entity of concern may be void. If a contract is void, it cannot be used in court to transfer parental rights automatically. Custody will be decided under state law.
- Prospective parents from listed foreign entities of concern: Surrogacy agreements made with U.S. surrogates could be legally void and unenforceable. Married couples where at least one spouse is a U.S. citizen or lawful permanent resident may be excepted.
- Surrogacy brokers and agencies: Brokers who knowingly or recklessly facilitate covered agreements could face federal fines and up to a year in prison. Agencies may need to change intake and verification practices.
- Fertility clinics and lawyers: Clinics and attorneys may need to screen clients’ nationalities and residency status before helping arrange surrogacy. They may also face uncertainty about which contracts will be enforced.
- Children born under these arrangements: If the contract is void, the child’s legal custody will be determined by the state law where the surrogate lives, based on the child’s best interests. The bill does not itself say how citizenship or immigration status is affected.
- State courts: State family courts would decide custody in contested cases without regard to the surrogacy agreement.
Expenses#
No publicly available information.
- Possible federal costs could include prosecutions and enforcement by the Department of Justice.
- Possible state costs include more custody litigation in state family courts and related public legal services.
- Private costs could include higher legal and compliance costs for brokers, clinics, surrogate mothers, and prospective parents.
- There is no fiscal estimate or budget note included in the bill text provided.
Proponents' View#
- The bill appears intended to stop what it describes as exploitation by foreign nationals who use U.S. surrogates for commercial births.
- Supporters may argue this protects financially vulnerable U.S. women from being recruited to bear children for foreign interests.
- The bill appears intended to close a pathway the sponsors describe as being used to gain advantages (including possible citizenship benefits) through U.S. births.
- The criminal penalty for brokers is likely meant to deter commercial facilitation of these cross-border arrangements.
Opponents' View#
- One concern is that the bill does not explain how affected children’s citizenship or immigration status will be handled.
- The bill makes contracts void but leaves custody to state courts. This could lead to more court battles and legal uncertainty for surrogates, intended parents, and children.
- It may impose compliance and verification burdens on clinics, lawyers, and brokers, raising costs and changing business practices.
- The definition of “foreign entity of concern” points to another federal list but the bill text does not name countries, so it may be unclear who is covered without consulting that law.
- The bill could produce unintended consequences, such as driving some arrangements underground or creating hardships for intended parents who relied on existing contracts.
What is unclear: The bill does not detail how it would interact with existing state parentage laws, how it would affect recognition of parentage established abroad, or how immigration or citizenship rules would apply to children born under voided agreements.