Text of Senate Amendment 6602

On 2026-07-13, Senator Rick Scott (R-FL) delivered a floor speech titled "Text Of Senate Amendment 6602" in the Senate.

Text of Senate Amendment 6602

Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Page S3795] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6602. Mr. SCOTT of Florida submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. PREVENT CITIZENS OF FOREIGN ADVERSARIAL NATIONS FROM ENTERING INTO OR ENFORCING SURROGACY CONTRACTS IN THE UNITED STATES. (a) Definitions.--In this section: (1) Foreign entity of concern.--The term ``foreign entity of concern'' means any foreign nation listed under section 4872(f)(2) of title 10, United States Code. (2) 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. (3) 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 contract, agreement, or arrangement, without regard to whether it is oral or written or is direct or brokered, under which a surrogate 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 the surrogate parent has agreed to relinquish her parental or custodial rights, and that the contract, agreement, or arrangement is a surrogacy agreement, if the contract, agreement, or arrangement is with a prospective parent who is a citizen or permanent resident of a foreign entity of concern. (4) Surrogacy broker.--The term ``surrogacy broker''-- (A) means any individual or entity that induces, arranges, procures, facilitates, or otherwise assists in the formation or execution of a surrogacy agreement; and (B) does not include an individual or entity serving as bona fide legal counsel to a prospective parent or a surrogate parent. (5) 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. (b) Certain International Surrogate Parentage Contracts Void and Unenforceable.-- (1) In general.--Subject to paragraph (2), 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-- (A) a prospective parent who is a citizen or permanent resident of a foreign entity of concern; or (B) a surrogacy broker who arranges a surrogacy agreement with a prospective parent who is a citizen or permanent resident of a foreign entity of concern. (2) Exception.--Paragraph (1) shall not invalidate a surrogacy agreement between a surrogate parent and 2 prospective parents, if-- (A) the 2 prospective parents are legally married; or (B) at least 1 prospective parent is a citizen or lawful permanent resident of the United States. (c) 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 subsection (b) shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. (d) 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 subsection (b) 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. ______