This legislation aims to prevent citizens of foreign adversarial nations from exploiting commercial surrogacy laws in the United States, citing concerns about national security and human trafficking. It declares that surrogacy agreements between a U.S. surrogate and prospective parents who are citizens or permanent residents of designated foreign entities of concern are void and unenforceable. The bill defines "foreign entity of concern" by referencing existing law and includes a presumption that a surrogate agrees to relinquish parental rights in such agreements. Furthermore, it imposes criminal penalties, including fines and imprisonment, on surrogacy brokers who knowingly or recklessly facilitate these prohibited arrangements. An important exception allows agreements to remain valid if the two prospective parents are legally married and at least one is a U.S. citizen or lawful permanent resident, ensuring certain domestic arrangements are unaffected. Should an agreement be deemed void under this Act, the legal custody of the child will be determined by the best interests of the child under state law, completely disregarding the invalidated surrogacy contract.
This legislation aims to prevent citizens of foreign adversarial nations from exploiting commercial surrogacy laws in the United States, citing concerns about national security and human trafficking. It declares that surrogacy agreements between a U.S. surrogate and prospective parents who are citizens or permanent residents of designated foreign entities of concern are void and unenforceable. The bill defines "foreign entity of concern" by referencing existing law and includes a presumption that a surrogate agrees to relinquish parental rights in such agreements. Furthermore, it imposes criminal penalties, including fines and imprisonment, on surrogacy brokers who knowingly or recklessly facilitate these prohibited arrangements. An important exception allows agreements to remain valid if the two prospective parents are legally married and at least one is a U.S. citizen or lawful permanent resident, ensuring certain domestic arrangements are unaffected. Should an agreement be deemed void under this Act, the legal custody of the child will be determined by the best interests of the child under state law, completely disregarding the invalidated surrogacy contract.