SAFE KIDS Act

This bill, known as the SAFE KIDS Act, seeks to address national security concerns and potential exploitation by prohibiting citizens of foreign adversarial nations from engaging in surrogacy contracts within the United States. It identifies that individuals from foreign entities of concern are exploiting U.S. commercial surrogacy laws, which can pose a national security threat and facilitate human trafficking. The legislation aims to invalidate these specific types of surrogacy agreements and prevent the abuse of U.S. women and the acquisition of U.S. citizenship for children born under such arrangements. Specifically, the Act declares any surrogacy agreement void and unenforceable if it involves a U.S.-based surrogate and a prospective parent who is a citizen or permanent resident of a designated foreign entity of concern. An exception exists for legally married couples where at least one prospective parent is a U.S. citizen or lawful permanent resident. Furthermore, the bill establishes criminal penalties , including fines and imprisonment, for surrogacy brokers who knowingly or recklessly facilitate these prohibited agreements. In cases where a surrogacy agreement is voided, legal custody of the child will be determined by the best interests of the child under the relevant state law, without regard to the invalidated contract.