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H.R. 7293·119th Congress·Introduced Jan 30, 2026

Protecting Children in Surrogacy Act

IntroducedCrime and Law EnforcementMajor
View bill text
Sponsor
Rep. Mace, Nancy [R-SC-1]
Committees
Judiciary Committee (primary)
Last action
Jan 30, 2026

Bottom line

The bill aims to protect children by federally barring registered sex offenders from using surrogacy to gain parental rights, establishing criminal penalties and federal jurisdiction.

What it actually does

This bill establishes a federal prohibition preventing individuals listed on the National Sex Offender Registry from obtaining children through surrogacy or entering into surrogacy contracts as intended parents. It imposes criminal penalties, including fines and up to 10 years imprisonment, for violations. Additionally, it grants federal district courts original jurisdiction over civil actions related to surrogacy contracts under specific interstate commerce conditions and prohibits federal courts from enforcing contracts where an intended parent is a covered sex offender.

Proponents argue

Proponents argue that this bill is a crucial child protection measure, closing a potential loophole that could allow individuals with a history of child sexual offenses to acquire children through surrogacy, thereby safeguarding vulnerable children from potential harm. They would emphasize the importance of preventing known offenders from gaining legal custody of children, asserting that the federal government has a compelling interest in protecting minors across state lines.

Opponents contend

Opponents might argue that while the intent to protect children is laudable, the bill could face constitutional challenges regarding federal overreach into family law, which is traditionally a state matter. Concerns might also be raised about the broad jurisdictional clauses potentially federalizing aspects of surrogacy that are currently regulated at the state level, and the specific definition of 'female' could also be a point of contention.

The bill is concise and its core provisions are clear, allowing a reader to quickly grasp its main intent and implications.

Section 2, amending 18 U.S.C. Chapter 110, adding Sec. 2260B(a).

Federal Prohibition on Sex Offenders in Surrogacy

prominently featuredstraightforward

This provision makes it a federal crime for any individual who is required to register on the National Sex Offender Registry to obtain a child through a surrogacy arrangement or to enter into a surrogacy contract as an intended parent. Violators face fines, up to 10 years in prison, or both.

GroupImpactMechanismScale
GroupCovered sex offenders (individuals on the National Sex Offender Registry)ImpactProhibited from engaging in surrogacy as intended parents, facing criminal penalties if they do.MechanismDirect legal prohibition and criminalization.ScaleAffects all individuals currently or previously required to register on the National Sex Offender Registry.
GroupChildrenImpactProtected from being obtained through surrogacy by individuals with a history of sex offenses.MechanismPrevention of legal custody transfer.ScalePotential protection for children involved in surrogacy arrangements.

Supporters argue

Supporters contend this provision directly addresses a critical vulnerability, preventing individuals with a documented history of child sexual offenses from gaining legal custody of children via surrogacy, thereby enhancing child safety.

Critics contend

Critics might argue that while the intent is valid, the federal government's role in regulating family formation, traditionally a state matter, is an overreach. They might also question the effectiveness of a blanket ban versus more nuanced state-level screening processes.

Tradeoffs

Balances the desire for comprehensive child protection against concerns about federal intervention in state family law and the rights of individuals, even those with past offenses, to form families.

Section 2, adding 18 U.S.C. Sec. 2260B(b); and Section 3, adding 28 U.S.C. Sec. 1370(a).

Broad Federal Jurisdiction for Surrogacy Offenses

prominently featuredmoderately complex

This provision establishes broad federal jurisdiction for both criminal prosecution of sex offenders in surrogacy and for civil actions related to surrogacy contracts. It applies if any party (intended parent, surrogate, child) travels in interstate/foreign commerce, if interstate commerce instrumentalities are used for payments or communications, or if the conduct otherwise affects interstate/foreign commerce.

Section 2, adding 18 U.S.C. Sec. 2260B(c).

Federal Court Nonenforcement of Surrogacy Contracts

mentioned in summarystraightforward

This provision explicitly states that a Federal court may not enforce any surrogacy contract where an intended parent is a 'covered sex offender' (an individual required to register on the National Sex Offender Registry).

FOUND

Defines 'female' as 'an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, a reproductive system that at some point produces, transports, and utilizes eggs for fertilization.'

Section 2(d)(8) and Section 3(b)(6)

Why it matters:This definition is specific and could have broader implications beyond the immediate scope of the bill, potentially influencing how 'female' is understood in other legal contexts if this bill were to become law. Its placement in definitions is standard legislative practice for defining terms used throughout the act, but its precise wording is notable.

Case for: Proponents might argue this definition provides biological clarity for the term 'surrogate mother,' ensuring that the bill's provisions are applied consistently based on biological sex.

Case against: Critics might argue this definition is unnecessarily restrictive or could be seen as politically charged, potentially excluding certain individuals or creating unintended legal precedents regarding gender identity in other contexts.

Estimated impact: Clarifies the biological scope for 'surrogate mother' within this act, potentially setting a precedent for similar definitions in future legislation.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Buried treasure
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  • Critical analysis
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