HouseH.R. 9132119th Congress
Preventing International Surrogacy Exploitation Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9132 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9132
To prohibit foreign nationals from entering into or enforcing surrogacy
contracts in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2026
Mr. Perry (for himself, Mr. Biggs of Arizona, Mrs. Biggs of South
Carolina, Mr. Burchett, Mr. Fine, Mr. Gosar, Mrs. Harshbarger, Mr.
Harris of North Carolina, Mrs. Miller of Illinois, Mr. Moore of
Alabama, Mr. Self, and Mr. Steube) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit foreign nationals from entering into or enforcing surrogacy
contracts in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing International Surrogacy
Exploitation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Purposes.--The purposes of this Act are to--
(1) invalidate surrogate parentage contracts between
prospective parents with citizenship or permanent residence in
a foreign country and a surrogate mother in the United States;
and
(2) impose criminal penalties on surrogacy brokers who
commercially facilitate such invalid agreements.
(b) Findings.--Congress finds as follows:
(1) Currently, unrestricted surrogacies allow foreign
nationals, including those residing in adversarial countries to
the United States, to obtain a surrogate mother transported to
or residing in the United States for the purpose of giving
birth to a child.
(2) Upon receiving automatic United States citizenship,
many infants born through an international surrogate contract
are flown to adversarial countries to be raised abroad by their
respective parent(s).
(3) Children born through an international surrogate
contract remain eligible to vote in United States elections,
access sensitive government positions, and eventually sponsor
their respective parents for immigrant visas once they turn 21
years old.
(4) In the current unregulated environment, even foreign
nationals in countries friendly to the United States are still
susceptible to bribery and influence from adversarial
countries' efforts to disrupt United States national security.
(5) Recent reporting has shown more than 107 Chinese-owned
surrogacy agencies are currently operating in Southern
California.
(6) Many countries, including Australia, Brazil, Britain,
Canada, China, Denmark, France, Germany, India, Italy, Nepal,
New Zealand, Portugal, Spain, Thailand, and Taiwan, have banned
international commercial surrogacy altogether.
SEC. 3. DEFINITIONS.
In this Act:
(1) Foreign national.--The term ``foreign national'' means
an alien (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)).
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(3) Prospective parent.--The term ``prospective parent''
means an individual who, directly or indirectly, enters into a
surrogacy agreement to become the legal or custodial parent of
a child birthed by a surrogate parent.
(4) Surrogacy agreement.--
(A) In general.--The term ``surrogacy agreement''
means a contract, agreement, or arrangement, without
regard to whether it is oral or written or is direct or
brokered, between 1 or more prospective parents and a
surrogate parent, under which the surrogate parent
agrees to become pregnant and give birth to a child,
and, subject to subparagraph (B), to relinquish all
parental rights and responsibilities to the prospective
parent or parents.
(B) Presumption.--With respect to a surrogacy
agreement under which a surrogacy parent agrees to
become pregnant and give birth to a child, that does
not expressly address parental or custodial rights,
there shall be a presumption that--
(i) the surrogate parent has agreed to
relinquish her parental or custodial rights;
and
(ii) the contract, agreement, or
arrangement is a surrogacy agreement if the
contract, agreement, or arrangement is with one
or more prospective parents who is a foreign
national.
(5) Surrogacy broker.--The term ``surrogacy broker'' means
any individual or entity that induces, arranges, procures,
facilitates, or otherwise assists in the formation or execution
of a surrogacy agreement.
(6) Surrogate parent.--The term ``surrogate parent'' means
a person who agrees to become pregnant and give birth to a
child, and to relinquish all parental rights and
responsibilities to another person under the terms of a
surrogacy agreement.
SEC. 4. CERTAIN INTERNATIONAL SURROGATE PARENTAGE CONTRACTS VOID AND
UNENFORCEABLE.
(a) In General.--Subject to subsection (b), a surrogacy agreement
shall be void and unenforceable if the agreement is between a surrogate
parent who is in the United States at the time of birth or who is a
citizen or lawful permanent resident of the United States and--
(1) a prospective parent who is a foreign national; or
(2) a surrogacy broker that arranges a surrogacy agreement
with a prospective parent who is a foreign national.
(b) Exception.--Subsection (a) shall not invalidate a surrogacy
agreement between a surrogate parent and 2 prospective parents, if--
(1) the 2 prospective parents are legally married; and
(2) at least 1 prospective parent is a citizen or lawful
permanent resident of the United States.
SEC. 5. COMMERCIAL FACILITATION OF FOREIGN SURROGACY PROHIBITED;
PENALTY.
A surrogacy broker who knowingly or recklessly induces, arranges,
procures, facilitates, or otherwise assists in the formation or
execution of a surrogacy agreement that is void and unenforceable under
section 4 shall be fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
SEC. 6. CUSTODY OF CHILD WHEN INTERNATIONAL SURROGATE PARENTAGE
CONTRACTS ARE VOID AND UNENFORCEABLE.
Legal custody of a child born pursuant to a surrogacy agreement
that is void and unenforceable under section 4 shall be decided based
on a determination of the best interests of the child under the law of
the State where the surrogate parent resides, with no effect given to
the surrogacy agreement or any other purported agreement, contract, or
understanding concerning the custody of the child.
SEC. 7. LIMITATION ON ELIGIBILITY FOR IMMIGRATION BENEFITS.
Notwithstanding any other provision of law, a foreign national who
is a parent of a citizen of the United States born pursuant to a
surrogacy agreement that is unenforceable under section 4, may not, by
virtue of their parentage of such citizen, be accorded any right,
privilege, or status under the immigration laws.
SEC. 8. APPLICABILITY.
This Act shall apply with respect to surrogacy agreements entered
into on or after the date of enactment of this Act.
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