SAFE KIDS Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7040 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7040

 To prevent citizens of foreign adversarial nations from entering into 
         or enforcing surrogacy contracts in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 13, 2026

    Mr. Moore of Utah (for himself, Mr. Moolenaar, Mrs. Kiggans of 
Virginia, Mr. Aderholt, Mr. Dunn of Florida, Mr. Moran, Mr. Gosar, Mrs. 
  Harshbarger, Mr. McCormick, Mr. Rulli, Mr. McDowell, Mr. Kennedy of 
 Utah, Mr. McGuire, Mr. Sessions, Mr. Shreve, Mr. Rose, and Mr. Owens) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prevent citizens of foreign adversarial nations from entering into 
         or enforcing surrogacy contracts in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stopping Adversarial Foreign 
Exploitation of Kids In Domestic Surrogacy Act'' or the ``SAFE KIDS 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Citizens of foreign entities of concern are exploiting 
        commercial surrogacy laws in the United States.
            (2) Many developed countries ban international commercial 
        surrogacy altogether. The United States, however, presently 
        allows even citizens of foreign entities of concern to solicit 
        and pay financially distressed Americans to give birth to their 
        children in the United States and then send these infants 
        abroad.
            (3) This presents an acute national security threat, and 
        recent events in Arcadia, California reveal that surrogacy is 
        even being used to facilitate human trafficking.
    (b) Purposes.--This Act--
            (1) acknowledges that foreign persons (including nationals 
        of foreign entities of concern) are abusing surrogacy 
        agreements to exploit women in the United States and to obtain 
        United States citizenship for their children;
            (2) invalidates surrogate parentage contracts between 
        prospective parents from foreign entities of concern and a 
        surrogate mother in the United States; and
            (3) imposes criminal penalties on surrogacy brokers who 
        commercially facilitate such invalid agreements.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Foreign entity of concern.--The term ``foreign entity 
        of concern'' means any foreign nation listed under section 
        4872(f)(2) of title 10, United States Code.
            (2) Prospective parent.--The term ``prospective parent'' 
        means an individual who, directly or indirectly, enters into a 
        surrogacy agreement to become the legal or custodial parent of 
        a child birthed by a surrogate parent.
            (3) Surrogacy agreement.--
                    (A) In general.--The term ``surrogacy agreement'' 
                means a contract, agreement, or arrangement, without 
                regard to whether it is oral or written or is direct or 
                brokered, between 1 or more prospective parents and a 
                surrogate parent, under which the surrogate parent 
                agrees to become pregnant and give birth to a child, 
                and, subject to subparagraph (B), to relinquish all 
                parental rights and responsibilities to the prospective 
                parent or parents.
                    (B) Presumption.--With respect to a contract, 
                agreement, or arrangement, without regard to whether it 
                is oral or written or is direct or brokered, under 
                which a surrogate parent agrees to become pregnant and 
                give birth to a child that does not expressly 
                addressing parental or custodial rights, there shall be 
                a presumption that the surrogate parent has agreed to 
                relinquish her parental or custodial rights, and that 
                the contract, agreement, or arrangement is a surrogacy 
                agreement, if the contract, agreement, or arrangement 
                is with a prospective parent who is a citizen or 
                permanent resident of a foreign entity of concern.
            (4) Surrogacy broker.--The term ``surrogacy broker'' means 
        any individual or entity that induces, arranges, procures, 
        facilitates, or otherwise assists in the formation or execution 
        of a surrogacy agreement.
            (5) Surrogate parent.--The term ``surrogate parent'' means 
        a person who agrees to become pregnant and give birth to a 
        child, and to relinquish all parental rights and 
        responsibilities to another person under the terms of a 
        surrogacy agreement.

SEC. 4. CERTAIN INTERNATIONAL SURROGATE PARENTAGE CONTRACTS VOID AND 
              UNENFORCEABLE.

    (a) In General.--Subject to subsection (b), a surrogacy agreement 
shall be void and unenforceable if the agreement is between a surrogate 
parent who is in the United States at the time of birth or who is a 
citizen or lawful permanent resident of the United States and--
            (1) a prospective parent who is a citizen or permanent 
        resident of a foreign entity of concern; or
            (2) a surrogacy broker who arranges a surrogacy agreement 
        with a prospective parent who is a citizen or permanent 
        resident of a foreign entity of concern.
    (b) Exception.--Subsection (a) shall not invalidate a surrogacy 
agreement between a surrogate parent and 2 prospective parents, if--
            (1) the 2 prospective parents are legally married; and
            (2) at least 1 prospective parent is a citizen or lawful 
        permanent resident of the United States.

SEC. 5. COMMERCIAL FACILITATION OF FOREIGN SURROGACY PROHIBITED; 
              PENALTY.

    A surrogacy broker who knowingly or recklessly induces, arranges, 
procures, facilitates, or otherwise assists in the formation or 
execution of a surrogacy agreement that is void and unenforceable under 
section 4 shall be fined under title 18, United States Code, imprisoned 
for not more than 1 year, or both.

SEC. 6. CUSTODY OF CHILD WHEN INTERNATIONAL SURROGATE PARENTAGE 
              CONTRACTS ARE VOID AND UNENFORCEABLE.

    Legal custody of a child born pursuant to a surrogacy agreement 
that is void and unenforceable under section 4 shall be decided based 
on a determination of the best interests of the child under the law of 
the State where the surrogate parent resides, with no effect given to 
the surrogacy agreement or any other purported agreement, contract, or 
understanding concerning the custody of the child.
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