Preventing International Surrogacy Exploitation Act
- Sponsor
- Rep. Perry, Scott [R-PA-10]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 3, 2026
Bottom line
The bill seeks to prevent foreign nationals from utilizing U.S. surrogacy services, citing national security and exploitation concerns, by voiding contracts, penalizing brokers, and limiting immigration benefits.
What it actually does
This bill invalidates surrogacy agreements between a U.S.-based surrogate and prospective parents who are foreign nationals, or brokers arranging such agreements. It imposes criminal penalties, including fines and up to 10 years imprisonment, on surrogacy brokers who knowingly or recklessly facilitate these void agreements. Additionally, it mandates that custody of children born under such void agreements be determined by state law based on the child's best interests, and it prohibits foreign national parents of U.S. citizens born via void surrogacy agreements from receiving immigration benefits based on that parentage.
Proponents argue
Proponents argue that the bill is essential for national security, preventing foreign nationals, including those from adversarial countries, from obtaining U.S. citizenship for children born via surrogacy who may then be raised abroad and potentially pose future risks. They contend that the current unregulated environment allows for exploitation and that many other countries have already banned international commercial surrogacy, making this a necessary step to align U.S. policy and protect its interests.
Opponents contend
Opponents would likely argue that the bill infringes upon reproductive freedom and personal autonomy, discriminating against individuals and couples based on their nationality. They may contend that it creates unnecessary barriers to family formation, particularly for international couples or LGBTQ+ individuals who rely on surrogacy. Critics might also raise concerns about the potential for the bill to drive surrogacy arrangements underground, making them less safe, and the legal complexities it could create for children born under void contracts.
The bill is short and relatively straightforward, making it accessible for an informed reader to understand its core provisions and implications within a short timeframe.
Section 4
Voiding International Surrogacy Agreements
This section declares any surrogacy agreement void and unenforceable if it is between a surrogate parent in the United States (or a U.S. citizen/LPR) and a prospective parent who is a foreign national, or a surrogacy broker arranging such an agreement. An exception is made for legally married couples where at least one prospective parent is a U.S. citizen or lawful permanent resident.
Supporters argue
Proponents argue this provision directly addresses national security concerns by preventing foreign nationals from leveraging U.S. surrogacy to obtain birthright citizenship for their children, which they claim could be exploited. They also assert it prevents the exploitation of U.S. surrogates by foreign entities.
Critics contend
Opponents contend that this provision is discriminatory, infringing on the reproductive rights of individuals based on their nationality. They argue it creates an arbitrary distinction and could prevent legitimate family formation for many couples, including those from allied nations.
Tradeoffs
The provision balances national security and immigration control objectives against individual reproductive autonomy and the right to family formation. It also navigates the economic impact on the U.S. surrogacy industry.
Section 5
Criminal Penalties for Facilitating Void Surrogacy
This section establishes criminal penalties for surrogacy brokers who knowingly or recklessly induce, arrange, procure, facilitate, or otherwise assist in the formation or execution of a surrogacy agreement that is void under Section 4. Violators face fines under Title 18, U.S. Code, imprisonment for up to 10 years, or both.
Section 6
Child Custody Determination for Void Agreements
This section specifies that if a child is born pursuant to a surrogacy agreement that is void and unenforceable under Section 4, legal custody of that child will be decided based on the best interests of the child under the law of the State where the surrogate parent resides. The void surrogacy agreement itself, or any other related understanding, will have no legal effect on this custody determination.
Section 7
Immigration Benefit Limitations for Foreign Parents
This section states that a foreign national who is a parent of a U.S. citizen born pursuant to a surrogacy agreement that is void under Section 4 cannot be granted any right, privilege, or status under U.S. immigration laws solely by virtue of their parentage of that U.S. citizen. This means they cannot use the child's U.S. citizenship as a basis to obtain a visa or other immigration benefits.
This sub-paragraph establishes a presumption that if a surrogacy agreement with a foreign national prospective parent does not expressly address parental or custodial rights, the surrogate parent is presumed to have agreed to relinquish her parental or custodial rights. This presumption helps define what constitutes a 'surrogacy agreement' under the Act.
Section 3(4)(B)
Why it matters:While defining terms thoroughly is standard legislative practice, this specific presumption carries significant legal weight and could be seen as a subtle but powerful clarification of intent, potentially to prevent agreements from being structured to avoid the bill's prohibitions.
Case for: Proponents would argue this presumption is necessary to prevent ambiguity and ensure that agreements intended as surrogacy contracts, even if poorly drafted, fall under the bill's purview, thereby closing potential loopholes for circumvention.
Case against: Opponents might argue that this presumption could lead to unintended consequences, potentially stripping surrogates of rights they did not explicitly intend to relinquish, or creating legal challenges for intended parents if the presumption is contested.
Estimated impact: This provision could significantly influence the interpretation and enforceability of surrogacy agreements, particularly those that are not meticulously drafted, affecting legal outcomes for surrogates and intended parents.