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119-hr-7293119th Congress

Protecting Children in Surrogacy Act

Sponsored By: Representative Mace, Nancy [R-SC-1]

Introduced

Summary

Blocks registered sex offenders from obtaining children through surrogacy. This bill would create a federal crime for people required to register under the Adam Walsh Act who knowingly obtain a child via surrogacy or enter a surrogacy contract as an intended parent. It also stops federal courts from enforcing surrogacy contracts involving those individuals and centralizes civil disputes in federal district courts.

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  • Covered sex offenders: Would make it a federal offense to knowingly obtain a child through surrogacy or sign a surrogacy contract as an intended parent if the person must register under the Adam Walsh Act. Conviction can carry a fine or up to 10 years in prison.
  • Surrogates and intended parents: Federal courts would be barred from enforcing any surrogacy contract where the intended parent is a covered sex offender. The bill defines surrogacy and surrogacy contracts for clarity.
  • Courts and jurisdiction: Federal district courts would have original jurisdiction over civil actions about these surrogacy contracts, with definitions aligned to the criminal rule.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Ban on sex offenders using surrogacy

If enacted, the bill would make it a federal crime for a person required to register as a sex offender under the Adam Walsh Act to obtain a child through surrogacy. It would also make it a crime to enter a surrogacy contract as an intended parent when one or more interstate or territorial triggers apply. The crime would be punishable by a fine, up to 10 years in prison, or both. Federal courts would not be able to enforce surrogacy contracts that name such an intended parent. The bill would define key terms (for example, "covered sex offender", "surrogacy", "intended parent", and "child") and list seven interstate or territorial triggers that give federal criminal or civil jurisdiction. These rules would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Mace, Nancy [R-SC-1]

SC • R

Cosponsors

  • Rep. Bacon, Don [R-NE-2]

    NE • R

    Sponsored 5/4/2026

Roll Call Votes

No roll call votes available for this bill.

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