Sponsors (14)
The bill prioritizes protection against exploitative international surrogacy and clearer enforcement for many U.S. parents, but does so at the cost of disrupting compensated surrogacy markets, creating parental-recognition and immigration risks for intended parents from designated countries, and raising the likelihood of underground arrangements and increased litigation.
Pregnant women and children are better protected from exploitative international surrogacy and potential trafficking by criminalizing and limiting certain cross-border arrangements tied to designated foreign actors.
U.S. citizens and lawful permanent residents (especially those married to U.S. spouses) get clearer, more enforceable surrogacy rules and definitions (including a clarified 'surrogacy broker' and statutory list), reducing uncertainty for many intended parents.
When private surrogacy contracts are voided, custody will be decided under the state's best-interests standard, prioritizing child welfare over upholding potentially exploitative agreements.
Intended parents from countries on the designated list — and their children — face a high risk of losing predictable parental recognition, citizenship pathways, or timely placement, triggering costly litigation, custody disputes, and immigration barriers.
U.S.-based surrogates and low-income people who rely on compensated surrogacy could lose income and opportunities as contracts with affected foreign prospective parents are invalidated or as services become less available.
Stronger criminal penalties and bans risk pushing arrangements underground or offshore, increasing health and legal dangers for surrogates and infants and making oversight harder.
Based on analysis of 6 sections of legislative text.
Voids most surrogacy agreements involving prospective parents from certain foreign countries and makes brokers who facilitate them criminally liable.
Official title: Prevent citizens of foreign adversarial nations from entering into or enforcing surrogacy contracts in the United States.
Introduced November 4, 2025 by Richard Lynn Scott · Last progress November 4, 2025
Prohibits and criminalizes most commercial surrogacy arrangements when the intended parents are citizens or lawful permanent residents of certain foreign governments designated as "foreign entities of concern." The bill voids those surrogacy contracts, creates a federal crime for brokers who knowingly or recklessly facilitate such arrangements, and requires state courts to decide custody by the child's best interests without giving effect to the voided agreement. It defines key terms (including which foreign countries count as "entities of concern"), preserves an exception for legally married intended parents when at least one is a U.S. citizen or permanent resident, and sets penalties of fines and up to one year in prison for violating brokers.