SAFE KIDS Act

Limits surrogacy with some foreign parents

If enacted, this would create definitions for international surrogacy and a presumption about parental rights when a prospective parent is from a listed foreign nation (see 10 U.S.C. 4872(f)(2)). It would make many surrogacy agreements void if the surrogate is in the United States at birth or is a U.S. citizen or lawful permanent resident and the prospective parent is a citizen or lawful permanent resident of a listed foreign entity of concern, or if a surrogacy broker arranged the agreement with such a prospective parent. The bill would preserve agreements between a surrogate and two legally married prospective parents when at least one prospective parent is a U.S. citizen or lawful permanent resident. For children born under a void agreement, custody would be decided under the best-interest law of the State where the surrogate lives, and the void agreement would have no legal effect. A surrogacy broker who knowingly or recklessly helps form a void agreement would face a fine and/or up to 1 year in prison. These rules would take effect upon enactment.