What does Preamble of Preventing International Surrogacy Exploitation Act do?

This bill, formally titled 'To prohibit foreign nationals from entering into or enforcing surrogacy contracts in the United States, and for other purposes,' aims to restrict surrogacy contracts. The bill seeks to prohibit foreign nationals from entering into or enforcing surrogacy contracts within the United States.

What does SHORT TITLE. of Preventing International Surrogacy Exploitation Act do?

This Act is formally titled the Preventing International Surrogacy Exploitation Act.

What does FINDINGS AND PURPOSES. of Preventing International Surrogacy Exploitation Act do?

This Act aims to invalidate surrogacy contracts between foreign nationals and U.S. surrogate mothers. It also seeks to impose criminal penalties on surrogacy brokers who facilitate these agreements. Congress finds that current surrogacy practices allow foreign nationals, including those from adversarial countries, to utilize U.S. surrogates. A concern is that children born through international surrogacy contracts may be raised abroad and later sponsor their parents for immigrant visas. The findings also highlight potential national security risks due to foreign nationals' susceptibility to bribery and influence. The Act notes the existence of numerous Chinese-owned surrogacy agencies in Southern California. Congress observes that many countries have banned international commercial surrogacy.

What does DEFINITIONS. of Preventing International Surrogacy Exploitation Act do?

This section defines terms used within the Act. A 'foreign national' is defined as an alien as defined in section 101 of the Immigration and Nationality Act. “Immigration laws” has the meaning given in section 101 of the Immigration and Nationality Act. A 'prospective parent' is an individual who enters into a surrogacy agreement to become the legal or custodial parent of a child. A 'surrogacy agreement' is a contract between prospective parents and a surrogate parent where the surrogate agrees to become pregnant and relinquish parental rights. If a surrogacy agreement doesn't explicitly address parental rights, there's a presumption that the surrogate parent has agreed to relinquish those rights, especially if a prospective parent is a foreign national. A 'surrogacy broker' is someone or an entity that assists in forming or executing a surrogacy agreement. A 'surrogate parent' is a person who agrees to become pregnant, give birth, and relinquish parental rights under a surrogacy agreement.

What does CERTAIN INTERNATIONAL SURROGATE PARENTAGE CONTRACTS VOID AND of Preventing International Surrogacy Exploitation Act do?

This section establishes that surrogacy agreements are void and unenforceable under certain circumstances. Specifically, an agreement is void if it's between a surrogate parent located in the U.S. or a U.S. citizen/permanent resident and a foreign national prospective parent. Agreements are also void if they involve a surrogacy broker arranging an agreement with a foreign national prospective parent. An exception exists for agreements between a surrogate parent and two legally married prospective parents, where at least one is a U.S. citizen or lawful permanent resident.

What does COMMERCIAL FACILITATION OF FOREIGN SURROGACY PROHIBITED; of Preventing International Surrogacy Exploitation Act do?

This section prohibits the commercial facilitation of foreign surrogacy agreements deemed void and unenforceable under section 4. A surrogacy broker who violates this prohibition may face fines, imprisonment for up to 10 years, or both. Penalties are assessed under Title 18, United States Code.

What does CUSTODY OF CHILD WHEN INTERNATIONAL SURROGATE PARENTAGE of Preventing International Surrogacy Exploitation Act do?

This section addresses legal custody of a child born under a surrogacy agreement. If a surrogacy agreement is void and unenforceable under section 4, custody will be determined based on the best interests of the child. The determination of the child's best interests will be made under the laws of the State where the surrogate parent resides. The surrogacy agreement, or any related contract or understanding, will not be considered in the custody determination.

What does LIMITATION ON ELIGIBILITY FOR IMMIGRATION BENEFITS. of Preventing International Surrogacy Exploitation Act do?

This section limits immigration benefits for foreign nationals who are parents of U.S. citizens born through surrogacy agreements. The limitation applies to foreign nationals whose parentage of a U.S. citizen is based on a surrogacy agreement deemed unenforceable under section 4. This section overrides any other law to prevent such parents from receiving immigration rights, privileges, or status.

What does APPLICABILITY. of Preventing International Surrogacy Exploitation Act do?

This Act applies to surrogacy agreements entered into on or after the date of its enactment.

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Preventing International Surrogacy Exploitation Act

Last updated: 6/3/2026 · Introduced: 6/3/2026

Author: Scott Perry (R-PA)

TL;DR (AI)

This bill prohibits surrogacy agreements between U.S. surrogate mothers or citizens/permanent residents and foreign nationals, rendering such agreements void and unenforceable.
It criminalizes surrogacy brokers who facilitate agreements between foreign nationals and U.S. surrogates, potentially resulting in fines and imprisonment.
The bill restricts foreign nationals who are parents of U.S. citizens born through these surrogacy agreements from obtaining immigration benefits, overriding other laws.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 7 more.

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