H.R. 9131

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9131 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9131

To prohibit surrogacy agencies from facilitating surrogacy contracts 
with sex offenders, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 3, 2026

Mr. Perry (for himself, Mr. Biggs of Arizona, Mrs. Biggs of South 
Carolina, Mr. Burchett, Mr. Fine, Mr. Harris of North Carolina, Mrs. 
Harshbarger, Mrs. Miller of Illinois, Mr. Moore of Alabama, Mr. Self, 
and Mr. Steube) introduced the following bill; which was referred to 
the Committee on the Judiciary

_______________________________________________________________________

A BILL

To prohibit surrogacy agencies from facilitating surrogacy contracts 
with sex offenders, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protecting Kids from Creeps Act''.

SEC. 2. PROHIBITION.

Chapter 110 of title 18, United States Code, is amended by adding 
at the end the following:
``Sec. 2260B. Prohibition on sex offenders obtaining a child through 
surrogacy
``(a) Surrogacy Agency.--Whoever, being a surrogacy agency, 
knowingly or recklessly facilitates a surrogacy agreement in which a 
party to that agreement is a sex offender shall be--
``(1) in the case of an agency acting recklessly, fined 
under this title and imprisoned not less than 10 years; and
``(2) in the case of an agency acting knowingly, fined 
under this title and imprisoned not less than 20 years.
``(b) Employees.--Whoever, being an employee of a surrogacy agency, 
knowingly facilitates a surrogacy agreement in which a party to that 
agreement is a sex offender shall be fined under this title and 
imprisoned not less than 20 years.
``(c) Sex Offender.--Whoever, being a sex offender, knowingly 
enters into a surrogacy agreement shall be fined under this title and 
imprisoned not less than 20 years.
``(d) Status as a 501(c)(3) Organization.--A surrogacy agency that 
is convicted of an offense under this section shall be ineligible for 
status as an exempt organization under section 501(c)(3) of the 
Internal Revenue Code of 1984.
``(e) Federal Funding Prohibition.--A surrogacy agency that is 
convicted of an offense under this section shall be ineligible to 
receive a Federal grant.
``(f) Effect of Unlawful Surrogacy Agreement.--A surrogacy 
agreement entered into in violation of this section shall be void and 
unenforceable.
``(g) Definitions.--In this section:
``(1) The term `employee of a surrogacy agency' means any 
individual employed by a surrogacy agency who is not an officer 
of such agency.
``(2) The term `sex offender' means an individual who is, 
or at any time was, required to register under section 113 of 
the Adam Walsh Child Protection and Safety Act of 2006 (34 
U.S.C. 20913).
``(3) The term `surrogacy agency'--
``(A) means any entity in the United States that 
facilitates, arranges, procures, or otherwise assists 
in the formation or execution of a surrogacy agreement; 
and
``(B) includes any officer of such agency.
``(4) The term `surrogacy agreement' means an agreement, 
contract, or arrangement, without regard to whether it is oral 
or written or is direct or brokered, between 1 or more 
prospective parents and a surrogate parent, under which the 
surrogate parent agrees to become pregnant and give birth to a 
child, and to relinquish all parental rights and 
responsibilities to the prospective parent or parents.
``(5) The term `surrogate parent' means a person who agrees 
to become pregnant and give birth to a child, and to relinquish 
all parental rights and responsibilities to another person 
under the terms of a surrogacy agreement.''.

SEC. 3. CIVIL ENFORCEMENT.

The Attorney General may bring a civil action in the appropriate 
United States district court against any person who engages in conduct 
constituting an offense under section 2260B of title 18, United States 
Code, for a civil penalty that is equal to the amount of compensation 
which the person received or offered for the prohibited conduct, 
whichever amount is greater.

SEC. 4. EFFECT OF UNLAWFUL SURROGACY AGREEMENT.

Legal custody of a child born pursuant to a surrogacy agreement 
that is void and unenforceable under section 2260B of title 18, United 
States Code, shall be decided based on a determination of the best 
interests of the child under the law of the State where the surrogate 
parent resides, with no effect given to the surrogacy agreement or any 
other purported agreement, contract, or understanding concerning the 
custody of the child.
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