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Congress·In Committee·S. 3101

Congress bill would void some U.S. surrogacy contracts tied to foreign adversary countries, penalize brokers

SAFE KIDS Act

5 months ago·View on Congress.gov
Part of: U.S. Lawmakers Propose Ban on Surrogacy for Citizens of Adversarial Nations
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Stalled

No legislative action in over 90 days.

Legislative Progress

Senate
House
President
Law

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.
Civil RightsImmigrationCriminal Justice

Impact Analysis

Personal Impact

How this policy affects specific groups of people

Negative Impacts(3)
Immigrant
Hurts
Green Card
Hurts
Small Business Owner
Hurts
Mixed Impacts(2)
Pregnant
Neutral
Child Tax Credit
Neutral

Milestones

2 milestones2 actions
Nov 4, 2025Senate

Read twice and referred to the Committee on the Judiciary.

Nov 4, 2025

Introduced in Senate

What Happens Next

Projected impacts based on AI analysis

Right after the law takes effect (typically on the date it is signed, unless the law sets a later date).

If Congress passes the bill and it becomes law, covered surrogacy contracts become void and cannot be enforced.

Surrogates, intended parents, and agencies would need to stop or redesign deals involving citizens/permanent residents of the listed countries, or they risk a contract that won’t hold up in court.

Within weeks after the law takes effect.

Surrogacy brokers begin screening clients for citizenship/permanent-resident status tied to the listed foreign adversary nations.

More paperwork and slower matching; some brokers may refuse cases that look risky to avoid criminal penalties.

As soon as the law is in force; first cases would depend on investigations and referrals.

Criminal enforcement risk starts for brokers who knowingly or recklessly facilitate void agreements.

Brokers could face federal charges, fines, and up to 1 year in jail, pushing the industry away from these cross-border arrangements.

Whenever a covered birth occurs after the law takes effect.

Custody disputes for births tied to void agreements are handled in state courts using the child’s best-interests standard, ignoring the contract.

Families could face uncertainty right after birth; who takes the baby home may depend on a judge’s decision rather than the agreement everyone signed.

Source Information

Document Type

Congressional Bill

Official Title

SAFE KIDS Act

Bill NumberS 3101
Congress119th Congress
ChamberSenate
Latest ActionRead twice and referred to the Committee on the Judiciary.

Sponsor

Cosponsors

(1)
R: 1

Analysis generated by AI. Always verify with official sources.