[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3101 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3101
To prevent citizens of foreign adversarial nations from entering into
or enforcing surrogacy contracts in the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 4, 2025
Mr. Scott of Florida introduced the following bill; which was read
twice and 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 address
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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