This legislation seeks to invalidate surrogacy contracts between foreign nationals and surrogate mothers in the United States. It specifically targets agreements where the surrogate is in the U.S. or is a U.S. citizen or lawful permanent resident, and the prospective parent is a foreign national. An exception allows such agreements if the prospective parents are legally married and at least one is a U.S. citizen or lawful permanent resident. The bill further establishes criminal penalties for surrogacy brokers who knowingly or recklessly facilitate these void and unenforceable agreements, including fines and imprisonment up to 10 years. For children born under such void contracts, legal custody will be determined by state law based on the child's best interests, disregarding the surrogacy agreement. Additionally, foreign nationals who become parents of a U.S. citizen child through these unenforceable contracts will be ineligible for immigration benefits based on that parentage. This Act applies to surrogacy agreements entered into on or after its enactment date.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
Immigration
Preventing International Surrogacy Exploitation Act
USA119th CongressHR-9132| House
| Updated: 6/3/2026
This legislation seeks to invalidate surrogacy contracts between foreign nationals and surrogate mothers in the United States. It specifically targets agreements where the surrogate is in the U.S. or is a U.S. citizen or lawful permanent resident, and the prospective parent is a foreign national. An exception allows such agreements if the prospective parents are legally married and at least one is a U.S. citizen or lawful permanent resident. The bill further establishes criminal penalties for surrogacy brokers who knowingly or recklessly facilitate these void and unenforceable agreements, including fines and imprisonment up to 10 years. For children born under such void contracts, legal custody will be determined by state law based on the child's best interests, disregarding the surrogacy agreement. Additionally, foreign nationals who become parents of a U.S. citizen child through these unenforceable contracts will be ineligible for immigration benefits based on that parentage. This Act applies to surrogacy agreements entered into on or after its enactment date.