This legislation aims to regulate the enforcement of surrogacy contracts within the federal court system. Its primary purpose is to protect surrogate mothers from contractual obligations that would compel them to undergo an abortion. Specifically, the bill stipulates that Federal courts may not enforce any provision in a surrogacy contract that requires the surrogate mother to have an abortion at the request of any intended parent or party. Conversely, it mandates that federal courts shall enforce any clause requiring the payment of compensation to a surrogate mother , even if the contract contains a provision for an abortion that the surrogate refuses. This includes preventing penalties such as liquidated damages or reductions in payment based on a refusal to abort. Furthermore, the bill establishes original jurisdiction for Federal district courts over civil actions involving surrogacy contracts that are in or affect interstate or foreign commerce. It also provides detailed definitions for key terms such as "abortion," "surrogacy contract," "intended parent," and "surrogate mother," clarifying the scope and application of the Act.
This legislation aims to regulate the enforcement of surrogacy contracts within the federal court system. Its primary purpose is to protect surrogate mothers from contractual obligations that would compel them to undergo an abortion. Specifically, the bill stipulates that Federal courts may not enforce any provision in a surrogacy contract that requires the surrogate mother to have an abortion at the request of any intended parent or party. Conversely, it mandates that federal courts shall enforce any clause requiring the payment of compensation to a surrogate mother , even if the contract contains a provision for an abortion that the surrogate refuses. This includes preventing penalties such as liquidated damages or reductions in payment based on a refusal to abort. Furthermore, the bill establishes original jurisdiction for Federal district courts over civil actions involving surrogacy contracts that are in or affect interstate or foreign commerce. It also provides detailed definitions for key terms such as "abortion," "surrogacy contract," "intended parent," and "surrogate mother," clarifying the scope and application of the Act.