Preventing International Surrogacy Exploitation Act

Key Points

• This bill would stop people from other countries from hiring surrogate mothers in the United States. Any legal agreement made between a foreign parent and a U.S. surrogate would be canceled and could not be used in court.
• People or companies that act as brokers to set up these deals would face criminal penalties. They could be fined or sent to prison for up to 10 years for helping foreign nationals find surrogates in the U.S.
• If a child is born through one of these banned agreements, a judge would decide who gets custody based on the child's best interests. The judge would not be allowed to follow the terms of the original surrogacy contract.
• Foreign parents would be banned from using a child born this way to get U.S. green cards or visas later in life. This stops parents from using a child's birthright citizenship to gain legal status for themselves.
• The bill includes an exception for married couples if at least one spouse is a U.S. citizen or a permanent resident. These families could still legally use surrogacy services in the United States.

Impact Analysis

Govbase has not yet run an impact analysis on this legislation.