Sponsors (31)
The bill prioritizes child safety and program integrity by barring involvement of registered sex offenders in surrogacy and expanding enforcement and recovery tools, at the cost of disrupting some family‑building arrangements, imposing heavy criminal and civil liabilities on agencies and participants, and raising access and due‑process concerns.
Children born under voided surrogacy agreements: custody will be decided under the surrogate's state best‑interest standard and courts cannot enforce invalid contracts, prioritizing child welfare and preventing enforcement of unlawful bargains.
Prospective parents and children: the bill reduces the risk that individuals with registered sex‑offender histories participate in surrogacy arrangements, which may improve child safety in those arrangements.
Federal government and taxpayers: the bill increases enforcement options (criminal penalties, DOJ civil actions) and can bar federal grants to convicted agencies, creating stronger deterrence and protecting the integrity of federal grant programs.
Intended parents and surrogates: the bill voids surrogacy agreements involving registered sex offenders, which can abruptly disrupt family‑building plans and lead to loss of expenses and emotional hardship.
Surrogacy agencies and staff: mandatory minimum criminal penalties and the risk of losing 501(c)(3) status raise substantial legal risk and operational costs for organizations and employees involved in arranging surrogacies.
Low‑income prospective parents: stricter criminal and civil rules may reduce access to agency-mediated surrogacies or push arrangements underground, making surrogacy less accessible and potentially less safe for those with fewer resources.
Based on analysis of 4 sections of legislative text.
Makes participation by registered sex offenders in surrogacy illegal, penalizes agencies/employees, voids violating agreements, and allows DOJ civil penalties.
Prohibits sex offenders from participating in surrogacy arrangements and creates criminal and civil penalties for agencies, employees, and offenders who knowingly or recklessly facilitate or enter such agreements. It voids any surrogacy agreement entered in violation, disqualifies violating agencies from certain federal benefits and tax-exempt status, and requires custody of children born under voided agreements to be decided under the state best-interests standard. The bill lets the Attorney General bring civil actions to recover penalties equal to compensation received or offered for the prohibited conduct, and defines key terms such as “sex offender,” “surrogacy agency,” and “surrogacy agreement.”
Official title: To prohibit surrogacy agencies from facilitating surrogacy contracts with sex offenders, and for other purposes.
Introduced June 3, 2026 by Scott Perry · Last progress June 3, 2026