SAFE KIDS Act

Key Points

• Would make some U.S. surrogacy contracts invalid if the intended parent is a citizen or permanent resident of a listed foreign adversary country.
• Says these contracts cannot be enforced in court, meaning the intended parent may not be able to claim legal parent rights through the contract.
• Creates a criminal penalty for surrogacy brokers who knowingly help set up these invalid deals, with up to 1 year in prison and/or a fine.
• Makes an exception for married couples when at least one spouse is a U.S. citizen or lawful permanent resident.
• If a child is born under an invalid contract, custody would be decided under the state’s “best interests of the child” rules, ignoring the surrogacy agreement.

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