Protecting Kids from Creeps Act
Introduced June 3, 2026 · Last action June 3, 2026
Plain English Summary
This bill makes it a federal crime for surrogacy agencies to knowingly or recklessly facilitate surrogacy agreements involving individuals required to register as sex offenders, and for sex offenders to knowingly enter such agreements. It imposes prison sentences of 10–20 years, voids any resulting surrogacy contracts, strips convicted agencies of tax-exempt status and federal funding eligibility, and allows the Attorney General to pursue civil penalties equal to any compensation received.
Who benefits
Law enforcement and prosecutors (enforcement authority); child welfare advocates and organizations opposing surrogacy; sex offender registry systems and law enforcement agencies (expanded enforcement scope); state family courts (custody determination authority).
Who pays / loses
Surrogacy agencies (criminal liability, loss of tax-exempt status, federal funding bars, civil penalties); surrogacy agency employees (criminal liability); sex offenders attempting to obtain children through surrogacy (criminal liability, voided agreements); intended parents in voided surrogacy agreements (loss of surrogacy contract enforceability); surrogate mothers in voided agreements (parental rights determined by state court rather than surrogacy contract); couples seeking surrogacy where one partner has a historical sex offense registration.
Funding & Lobbying Interests
No sponsor finance data provided. The bill's beneficiaries are primarily government enforcement entities (DOJ, federal law enforcement) and child protection advocacy groups. Potential supporters include social conservative organizations opposing commercial surrogacy, child welfare nonprofits, and family law organizations advocating for stricter oversight of surrogacy arrangements. The bill does not create government spending; it increases federal criminal enforcement costs and penalties for private surrogacy agencies.
Political Impact
Affected Groups
Surrogacy agencies and their employees (direct criminal liability); sex offenders registered under 34 U.S.C. 20913 (individuals required to register; the bill does not specify the size of this population in surrogacy contexts, but federal sex offender registries contain hundreds of thousands of names); intended parents in surrogacy arrangements where one or both partners have a sex offense history; surrogate mothers (parental rights shifted from contractual to state court determination); children born under void surrogacy agreements (custody status becomes uncertain pending state court determination).
Political Subtext
Proponents argue this protects children from sexual predators seeking parenthood through surrogacy, filling a gap in child safety law. Critics argue the bill conflates all registered sex offenders (including those convicted of non-contact offenses decades ago) with current danger to children; that it excludes potential fathers with historical offense histories from any path to parenthood; and that it treats surrogacy uniquely compared to adoption, fostering, or biological reproduction, where similar federal bars do not exist. Non-partisan evidence does not directly address surrogacy-specific recidivism among sex offenders, though research shows sex offense recidivism varies widely by offense type and offender profile. The bill's sweeping criminalization of agency employees and sex offenders themselves (20-year minimums) is more severe than comparable child protection statutes.
Real-World Stakes
If enacted, this creates federal criminal liability where none currently exists for surrogacy-related conduct. Sex offenders registered under the Adam Walsh Act (34 U.S.C. 20913)—a category including 800,000+ individuals in the U.S., with wide variation in offense severity—become categorically barred from surrogacy. Surrogacy agencies face dual criminal and civil exposure. Children born under voided agreements enter custody limbo pending state court proceedings under 'best interests' standards, which may delay placement or create contested custody battles. Analogous bans on adoption by registered sex offenders exist in some states; this federalizes and extends that model to private surrogacy. The mandatory minimum sentences (10–20 years) make this one of the harshest federal penalties for surrogacy-related conduct. No fiscal impact estimate is provided in the bill.
What's Inside This Bill
Non-obvious provisions not apparent from the headline summary.
Retroactive Voiding of Existing Surrogacy Contracts
The bill voids any surrogacy contracts resulting from violations, potentially without temporal limitation, meaning agreements entered into before this law's enactment could be retroactively invalidated if a party is later convicted.
AffectsChildren born through surrogacy arrangements, intended parents, and gestational surrogates in existing contracts may face legal uncertainty about custody, parental rights, and inheritance if a party has a sex offender registry requirement, even if the contract was lawful when formed.
Automatic Loss of Tax-Exempt Status for Agencies
Conviction of a surrogacy agency results in automatic revocation of tax-exempt status and federal funding eligibility without requiring separate administrative proceedings, creating permanent organizational consequences.
AffectsLegitimate charitable surrogacy programs, fertility clinics, and counseling services operated by faith-based or nonprofit organizations lose their tax advantages and federal grants immediately upon conviction, potentially shutting down entirely regardless of organizational size or how many violations occurred.
Recklessness Standard for Agency Liability
The law criminalizes agencies that act 'recklessly'—a lower standard than 'knowingly'—meaning agencies can face prosecution even without intentional wrongdoing if they fail to adequately verify sex offender registry status.
AffectsSurrogacy agencies, fertility clinics, and legal services face criminal liability and prison sentences for staff members for inadequate background check procedures, even if no knowledge of violations existed.
Expansive Definition of Sex Offender Status
The provision applies to 'individuals required to register as sex offenders' but does not define which registration requirements trigger the ban—state, federal, interstate (SORNA), or international registries.
AffectsIndividuals with decades-old convictions, those whose offense would not be classified as sex offenses under current law, or those registered in other jurisdictions could be prohibited from surrogacy, creating unpredictable eligibility barriers.
Sponsor
Co-sponsors (27)
RRep. Fine, Randy [R-FL-6]RRep. Miller, Mary E. [R-IL-15]RRep. Steube, W. Gregory [R-FL-17]RRep. Harrigan, Pat [R-NC-10]RRep. Crane, Elijah [R-AZ-2]RRep. Norman, Ralph [R-SC-5]RRep. Boebert, Lauren [R-CO-4]RRep. Lee, Laurel M. [R-FL-15]RRep. Biggs, Sheri [R-SC-3]RRep. Harris, Mark [R-NC-8]RRep. Moore, Barry [R-AL-1]RRep. Davidson, Warren [R-OH-8]RRep. Wilson, Joe [R-SC-2]RRep. Hageman, Harriet M. [R-WY-At Large]RRep. McDowell, Addison [R-NC-6]RRep. Smucker, Lloyd [R-PA-11]RRep. Luna, Anna Paulina [R-FL-13]RRep. Burchett, Tim [R-TN-2]RRep. Harshbarger, Diana [R-TN-1]RRep. Self, Keith [R-TX-3]+7 more
Vote Record
No recorded votes.
Campaign Finance — Primary Sponsor
Top contributing industries
Other$1,452,848.93
Finance$28,027.37
Construction$6,600
Transportation$4,175
Agriculture$2,200
501(c)(4) disclosure: Contributions from 501(c)(4) "dark money" organizations are not required to be publicly disclosed and are not reflected in the figures above. Data sourced from FEC public disclosure filings.
Community Discussion
Share this bill
Sign in to join the discussion.
No comments yet. Be the first.