Preventing International Surrogacy Exploitation Act

Ban on surrogacy for foreign parents

If enacted, the bill would make many surrogacy contracts with foreign prospective parents void and unenforceable. It would apply when the surrogate is in the United States at birth or is a U.S. citizen or lawful permanent resident and a prospective parent is a foreign national or a broker arranged the agreement. There is a narrow exception for two married prospective parents if at least one is a U.S. citizen or lawful permanent resident. State courts would decide custody based on the child's best interests and the void contract would have no effect. Brokers who knowingly help such contracts could face fines and up to 10 years in prison. The bill would also bar foreign parents from getting immigration rights based on being the parent of a U.S. citizen born under such unenforceable surrogacy agreements. It would define key terms and create a presumption that a surrogate relinquished parental rights when an agreement involving a foreign national is silent. These rules would apply to surrogacy agreements entered into on or after the date of enactment.