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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7293 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7293
To prohibit covered sex offenders from obtaining children through
surrogacy, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2026
Ms. Mace introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit covered sex offenders from obtaining children through
surrogacy, and for other purposes.
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 ``Protecting Children in Surrogacy
Act''.
SEC. 2. PROHIBITION ON SEX OFFENDERS OBTAINING A CHILD THROUGH
SURROGACY.
Chapter 110 of title 18, United States Code, is amended by adding
at the end the following:
``Sec. 2260B. Prohibition on sex offenders obtaining a child through
surrogacy
``(a) In General.--Whoever, in a circumstance described in
subsection (b), being a covered sex offender, knowingly obtains a child
through surrogacy or enters into a surrogacy contract as an intended
parent shall be fined under this title, imprisoned not more than 10
years, or both.
``(b) Circumstances Described.--For the purposes of subsection (a),
the circumstances described in this subsection are that--
``(1) the intended parent, surrogate mother, or child
traveled in interstate or foreign commerce, or traveled using a
means, channel, facility, or instrumentality of interstate or
foreign commerce, in furtherance of or in connection with the
conduct described in subsection (a);
``(2) the intended parent used a means, channel, facility,
or instrumentality of interstate or foreign commerce in
furtherance of or in connection with the conduct described in
subsection (a);
``(3) any payment of any kind was made, directly or
indirectly, in furtherance of or in connection with the conduct
described in subsection (a) using any means, channel, facility,
or instrumentality of interstate or foreign commerce or in or
affecting interstate or foreign commerce;
``(4) the intended parent transmitted in interstate or
foreign commerce any communication relating to or in
furtherance of the conduct described in subsection (a) using
any means, channel, facility, or instrumentality of interstate
or foreign commerce or in or affecting interstate or foreign
commerce by any means or in any manner, including by computer,
mail, wire, or electromagnetic transmission;
``(5) any equipment, item, or other object that has
traveled in interstate or foreign commerce was used to perform
the conduct described in subsection (a);
``(6) the conduct described in subsection (a) occurred
within the special maritime and territorial jurisdiction of the
United States, or any territory or possession of the United
States; or
``(7) the conduct described in subsection (a) otherwise
occurred in or affected interstate or foreign commerce.
``(c) Nonenforcement.--A Federal court may not enforce any
surrogacy contract in which an intended parent of a child is a covered
sex offender.
``(d) Definitions.--In this section:
``(1) The term `covered sex offender' means a sex offender
who is, or at any time was, required to register on the
National Sex Offender Registry under section 113 of the Adam
Walsh Child Protection and Safety Act of 2006 (34 U.S.C.
20913).
``(2) The term `obtain' means to acquire legal or physical
custody, guardianship, or parental rights over a child, through
surrogacy, a surrogacy contract, or any other formal or
informal mechanism.
``(3) The term `child' means an individual who has not
attained 18 years of age.
``(4) The term `surrogacy' means an arrangement or
agreement whereby a surrogate mother agrees to conceive and
bear a child for the purpose of transferring custody or
parental rights to one or more intended parent upon or after
the birth of the child.
``(5) The term `surrogacy contract' means a contract
setting forth the terms and conditions for the conception and
birth of a child to a surrogate mother with the intent of all
parties being that such child shall enter into the permanent
custody of one or more intended parent.
``(6) The term `intended parent' means any individual who
is a party to a surrogacy contract and who is the party who
will take permanent custody of a child born pursuant to such
contract.
``(7) The term `surrogate mother' means a female who is a
party to a surrogacy contract and who is the party who will
bear the child pursuant to such contract.
``(8) The term `female' means 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.''.
SEC. 3. JURISDICTION OF THE COURTS.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1370. Surrogacy contracts
``(a) Jurisdiction.--The district courts shall have original
jurisdiction of all civil actions where the matter in controversy is a
surrogacy contract (as such term is defined in section 5 of the
Protecting Children in Surrogacy Act) in a circumstance described in
section 2(b) of such Act.
``(b) Definitions.--In this section:
``(1) The term `child' means an individual who has not
attained 18 years of age.
``(2) The term `surrogacy' means an arrangement or
agreement whereby a surrogate mother agrees to conceive and
bear a child for the purpose of transferring custody or
parental rights to one or more intended parent upon or after
the birth of the child.
``(3) The term `surrogacy contract' means a contract
setting forth the terms and conditions for the conception and
birth of a child to a surrogate mother with the intent of all
parties being that such child shall enter into the permanent
custody of one or more intended parent.
``(4) The term `intended parent' means any individual who
is a party to a surrogacy contract and who is the party who
will take permanent custody of a child born pursuant to such
contract.
``(5) The term `surrogate mother' means a female who is a
party to a surrogacy contract and who is the party who will
bear the child pursuant to such contract.
``(6) The term `female' means 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.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``1370. Surrogacy contracts.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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