Sponsors (24)
The bill prioritizes preventing exploitative, foreign‑directed surrogacy and tightening enforcement by voiding certain cross‑border agreements and criminalizing bad‑actor brokers — but does so at the cost of barring many immigrant intended parents from securing legal parentage and immigration benefits, imposing significant economic and legal burdens on U.S. surrogacy providers, and raising the risk that arrangements move to less‑regulated channels.
Women (surrogates) and intended parents: Reduces foreign‑directed commercial surrogacy arrangements and deters exploitative brokers, lowering risks of exploitation, trafficking, and some perceived national‑security vulnerabilities tied to cross‑border parentage claims.
Intended parents, courts, and immigration officers: Creates clearer definitions (e.g., 'foreign national', 'surrogacy broker') and an administrable rule for status claims and new contracts, reducing legal ambiguity for future cases.
Parents and the public: Establishes criminal and civil accountability for bad‑actor brokers, which can deter illegal conduct, provide remedies, and improve public trust in regulated surrogacy arrangements.
Immigrant intended parents and their U.S.‑born children: Many foreign‑linked intended parents would be barred from securing parentage recognition and family‑based immigration benefits when agreements are void, risking family separation, blocked visas, and delays or denial of citizenship for children.
Surrogates, clinics, brokers, and small businesses: Broadly voiding agreements and expanding broker liability will likely cause lost income, market exits, higher prices, and increased litigation risk for U.S. surrogacy service providers and related small businesses.
Intended parents, surrogates, and infants: Criminalizing intermediary activity and invalidating international arrangements may push transactions underground or abroad, increasing health and safety risks to surrogates and children and complicating oversight.
Based on analysis of 8 sections of legislative text.
Invalidates most U.S. surrogacy agreements involving foreign prospective parents, criminalizes brokers who facilitate them, shifts custody to state best-interest determinations, and bars immigration benefits based on that parentage.
Invalidates most surrogacy contracts when the intended parent is a foreign national and the surrogate is in the United States or is a U.S. citizen or lawful permanent resident, and makes it a federal crime for brokers who knowingly arrange those international surrogacy arrangements. It requires state courts to decide custody of children born under voided agreements using the child’s best interests, and bars the foreign parent from receiving any immigration benefit based on parentage for children born under those voided agreements. The law applies only to surrogacy agreements entered on or after enactment.
Official title: To prohibit foreign nationals from entering into or enforcing surrogacy contracts in the United States, and for other purposes.
Introduced June 3, 2026 by Scott Perry · Last progress June 3, 2026