Preventing Forced Abortions Act of 2026

Key Points

• This bill prevents federal courts from enforcing any part of a surrogacy contract that requires a surrogate mother to have an abortion. Even if the intended parents or their agents ask for an abortion, the surrogate cannot be legally forced to comply.
• The law would protect the surrogate's pay. Intended parents would be barred from reducing payments or suing for damages if a surrogate refuses to end a pregnancy, ensuring she receives the full amount promised in the original agreement.
• It gives federal district courts the authority to handle legal disputes over surrogacy contracts that involve business across state lines. This is a change because these contracts are usually managed by state laws and state courts.
• The bill defines an abortion as any action intended to kill an unborn child or end a pregnancy, except for cases where the goal is to produce a live birth or remove a child that has already died.

Impact Analysis

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