Preventing International Surrogacy Exploitation Act
Introduced June 3, 2026 · Last action June 3, 2026
Plain English Summary
This bill makes international surrogacy contracts void and unenforceable when a foreign national is the prospective parent and the surrogate mother is in the United States or is a U.S. citizen or permanent resident. It creates criminal penalties of up to 10 years in prison for surrogacy brokers who knowingly facilitate such arrangements, and bars foreign national parents of U.S.-born children from using that parentage to obtain immigration benefits.
Who benefits
U.S. citizens and permanent residents who serve as surrogates and wish to prevent foreign nationals from enforcing surrogacy contracts against them; state child welfare authorities and courts who gain explicit authority to determine custody based on best interests rather than contract terms; advocates concerned with national security who oppose the birth and export of U.S. citizen children to foreign nationals in adversarial countries
Who pays / loses
Foreign nationals seeking surrogacy arrangements in the United States; international and domestic surrogacy brokers and agencies that facilitate arrangements involving foreign clients (including the 107 Chinese-owned surrogacy agencies mentioned in the bill's findings); foreign nationals who have entered into surrogacy contracts and face voided agreements and loss of parentage-based immigration sponsorship rights; fertility clinics and medical providers whose surrogacy patients include foreign nationals; adoptive parents from countries where U.S. surrogacy is a common path to parenthood
Funding & Lobbying Interests
No sponsor finance data provided. The bill sponsors (Representatives Perry, Biggs, and others) are conservative members focused on national security and immigration restriction. Financial interests that would oppose passage include domestic and international surrogacy agencies, fertility clinics and reproductive medicine providers that serve foreign clients, and medical tourism companies. No specific donor information is available, but industries lobbying against such restrictions typically include reproductive medicine trade associations and fertility center operators.
Political Impact
Affected Groups
Foreign nationals seeking to have biological children through U.S. surrogacy (estimated in the thousands annually based on industry reports, though specific figures are not provided in the bill); U.S. surrogate mothers, particularly low-income women in states with active surrogacy industries; U.S.-born children of foreign national parents conceived through surrogacy agreements, whose legal custody and citizenship status would be affected; married couples where one spouse is a foreign national and the other is a U.S. citizen (who retain the ability to proceed under the exception); Chinese nationals specifically (highlighted in findings citing 107 Chinese-owned agencies in Southern California)
Political Subtext
Proponents argue this bill protects U.S. national security by preventing foreign nationals—especially from adversarial countries like China—from obtaining U.S. citizen children who could later vote, access sensitive government positions, or sponsor parents for immigration. They cite unrestricted international surrogacy as a vector for foreign influence and assert that many other developed democracies have banned the practice. Critics would likely argue the bill violates constitutional liberty interests of U.S. citizens and permanent residents to enter into private reproductive contracts; constitutes sex-based discrimination by regulating only women's reproductive labor; imposes criminal penalties on medical professionals and brokers for facilitating reproductive choices; and creates legal limbo for children already born under such agreements. Non-partisan evidence on the scale of the security threat is limited; the bill cites examples of surrogacy-related concerns but does not cite documented cases of foreign national parents using U.S. citizenship of surrogacy-born children to conduct espionage or infiltrate government.
Real-World Stakes
If this passes, foreign nationals cannot enforce surrogacy contracts in U.S. courts, and their biological children born via surrogacy remain U.S. citizens but cannot sponsor them for immigration. Surrogacy brokers face up to 10 years in prison for facilitating foreign client arrangements. Children born under voided contracts will have custody determined by state law absent the contract, potentially resulting in surrogate mothers retaining custody against prospective parents' wishes. The bill creates a two-tiered system: married couples with at least one U.S. citizen spouse can proceed; unmarried foreign nationals and foreign couples cannot. Analogous restrictions exist in the countries listed (Australia, Canada, France, Germany, UK) where international commercial surrogacy is banned or severely restricted; these bans have reduced cross-border surrogacy but have not eliminated private arrangements or shifted demand to unregulated markets in some cases. No CBO cost estimate or civil rights impact assessment is included in the bill text.
What's Inside This Bill
Non-obvious provisions not apparent from the headline summary.
Retroactive Application to Existing Contracts
The bill voids surrogacy contracts retroactively, potentially invalidating agreements already completed or in progress before the law's enactment, without grandfather clauses for existing arrangements.
AffectsForeign national parents who have already entered into surrogacy agreements with U.S.-based surrogates and may be mid-process or awaiting birth; these individuals could lose legal enforceability of contracts they relied upon, affecting custody and parental rights of children already born or about to be born.
Broker Liability Without Knowledge Requirement Clarity
The criminal penalty targets brokers who 'knowingly' facilitate arrangements, but the bill may lack clear definition of what constitutes 'knowing' facilitation, potentially capturing those providing ancillary services or information.
AffectsMedical professionals, immigration attorneys, fertility clinics, and counselors who work with international surrogacy cases could face criminal liability even if they are not directly brokering but merely providing medical or legal services, creating a chilling effect on legitimate professional services.
Immigration Status Verification for Surrogates and Children
The enforcement of contract voidability and immigration benefit denial requires verification systems to identify surrogates' citizenship status and to track children born via surrogacy to foreign nationals.
AffectsU.S. citizens and permanent residents acting as surrogates may face immigration-related inquiries and documentation requirements; U.S.-born children could be subject to parentage investigation, potentially affecting their social services access and medical decision-making authority.
Broad Definition of 'Prospective Parent'
The bill applies to 'foreign national' prospective parents without defining whether this includes individuals who become naturalized after entering into the contract, or dual citizens.
AffectsForeign nationals who are in the process of gaining U.S. citizenship, or who hold dual citizenship, may face legal uncertainty about whether they fall under the prohibition, potentially invalidating their family planning arrangements.
Sponsor
Co-sponsors (25)
RRep. Gosar, Paul A. [R-AZ-9]RRep. Miller, Mary E. [R-IL-15]RRep. Steube, W. Gregory [R-FL-17]RRep. Begich, Nicholas J. [R-AK-At Large]RRep. Hageman, Harriet M. [R-WY-At Large]RRep. Boebert, Lauren [R-CO-4]RRep. Fulcher, Russ [R-ID-1]RRep. Burchett, Tim [R-TN-2]RRep. Harshbarger, Diana [R-TN-1]RRep. Moore, Barry [R-AL-1]RRep. Davidson, Warren [R-OH-8]RRep. Harris, Andy [R-MD-1]RRep. Norman, Ralph [R-SC-5]RRep. DesJarlais, Scott [R-TN-4]RRep. Stutzman, Marlin A. [R-IN-3]RRep. Biggs, Andy [R-AZ-5]RRep. Fine, Randy [R-FL-6]RRep. Harris, Mark [R-NC-8]RRep. Self, Keith [R-TX-3]RRep. Donalds, Byron [R-FL-19]+5 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.