Protecting Children in Surrogacy Act
Sponsored By: Representative Mace, Nancy [R-SC-1]
Introduced
Summary
Prohibiting covered sex offenders from obtaining children through surrogacy is the bill's main goal. It would make it a federal crime for someone required to register on the National Sex Offender Registry to acquire a child via surrogacy and would stop federal courts from enforcing surrogacy contracts when an intended parent is such a registrant.
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- Families and intended parents: Would block a covered sex offender from getting legal or physical custody of a child through surrogacy by preventing federal enforcement of those contracts. This affects custody claims when a surrogacy arrangement involves interstate or foreign commerce.
- Surrogate mothers and contracts: Would render surrogacy contracts involving a covered sex offender unenforceable in federal court under the bill's interstate or foreign commerce triggers. That changes which court remedies are available after birth.
- Covered sex offenders and penalties: Would create a federal offense punishable by a fine, imprisonment for up to 10 years, or both, for each qualifying instance tied to interstate or foreign commerce.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Ban on surrogacy by sex offenders
If enacted, the bill would make it a federal crime for a "covered sex offender" to obtain a child through surrogacy or enter a surrogacy contract as an intended parent when certain interstate or foreign commerce links apply. A violation would be punishable by a fine, imprisonment for up to 10 years, or both. If enacted, federal courts could not enforce a surrogacy contract when the intended parent is a covered sex offender. The bill would also define key terms (like who counts as a covered sex offender, what counts as surrogacy, and who is an intended parent) and give federal district courts authority to hear civil cases about surrogacy contracts that involve the listed interstate or foreign commerce connections.
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.
View on Congress.gov