H.R. 9132

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9132 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9132

To prohibit foreign nationals from entering into or enforcing surrogacy 
contracts in the United States, 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. Gosar, Mrs. Harshbarger, Mr. 
Harris of North Carolina, 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 foreign nationals from entering into or enforcing surrogacy 
contracts in the United States, 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 ``Preventing International Surrogacy 
Exploitation Act''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Purposes.--The purposes of this Act are to--
(1) invalidate surrogate parentage contracts between 
prospective parents with citizenship or permanent residence in 
a foreign country and a surrogate mother in the United States; 
and
(2) impose criminal penalties on surrogacy brokers who 
commercially facilitate such invalid agreements.
(b) Findings.--Congress finds as follows:
(1) Currently, unrestricted surrogacies allow foreign 
nationals, including those residing in adversarial countries to 
the United States, to obtain a surrogate mother transported to 
or residing in the United States for the purpose of giving 
birth to a child.
(2) Upon receiving automatic United States citizenship, 
many infants born through an international surrogate contract 
are flown to adversarial countries to be raised abroad by their 
respective parent(s).
(3) Children born through an international surrogate 
contract remain eligible to vote in United States elections, 
access sensitive government positions, and eventually sponsor 
their respective parents for immigrant visas once they turn 21 
years old.
(4) In the current unregulated environment, even foreign 
nationals in countries friendly to the United States are still 
susceptible to bribery and influence from adversarial 
countries' efforts to disrupt United States national security.
(5) Recent reporting has shown more than 107 Chinese-owned 
surrogacy agencies are currently operating in Southern 
California.
(6) Many countries, including Australia, Brazil, Britain, 
Canada, China, Denmark, France, Germany, India, Italy, Nepal, 
New Zealand, Portugal, Spain, Thailand, and Taiwan, have banned 
international commercial surrogacy altogether.

SEC. 3. DEFINITIONS.

In this Act:
(1) Foreign national.--The term ``foreign national'' means 
an alien (as such term is defined in section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101)).
(2) Immigration laws.--The term ``immigration laws'' has 
the meaning given such term in section 101 of the Immigration 
and Nationality Act (8 U.S.C. 1101).
(3) Prospective parent.--The term ``prospective parent'' 
means an individual who, directly or indirectly, enters into a 
surrogacy agreement to become the legal or custodial parent of 
a child birthed by a surrogate parent.
(4) Surrogacy agreement.--
(A) In general.--The term ``surrogacy agreement'' 
means a contract, agreement, 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, subject to subparagraph (B), to relinquish all 
parental rights and responsibilities to the prospective 
parent or parents.
(B) Presumption.--With respect to a surrogacy 
agreement under which a surrogacy parent agrees to 
become pregnant and give birth to a child, that does 
not expressly address parental or custodial rights, 
there shall be a presumption that--
(i) the surrogate parent has agreed to 
relinquish her parental or custodial rights; 
and
(ii) the contract, agreement, or 
arrangement is a surrogacy agreement if the 
contract, agreement, or arrangement is with one 
or more prospective parents who is a foreign 
national.
(5) Surrogacy broker.--The term ``surrogacy broker'' means 
any individual or entity that induces, arranges, procures, 
facilitates, or otherwise assists in the formation or execution 
of a surrogacy agreement.
(6) Surrogate parent.--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. 4. CERTAIN INTERNATIONAL SURROGATE PARENTAGE CONTRACTS VOID AND 
UNENFORCEABLE.

(a) In General.--Subject to subsection (b), a surrogacy agreement 
shall be void and unenforceable if the agreement is between a surrogate 
parent who is in the United States at the time of birth or who is a 
citizen or lawful permanent resident of the United States and--
(1) a prospective parent who is a foreign national; or
(2) a surrogacy broker that arranges a surrogacy agreement 
with a prospective parent who is a foreign national.
(b) Exception.--Subsection (a) shall not invalidate a surrogacy 
agreement between a surrogate parent and 2 prospective parents, if--
(1) the 2 prospective parents are legally married; and
(2) at least 1 prospective parent is a citizen or lawful 
permanent resident of the United States.

SEC. 5. COMMERCIAL FACILITATION OF FOREIGN SURROGACY PROHIBITED; 
PENALTY.

A surrogacy broker who knowingly or recklessly induces, arranges, 
procures, facilitates, or otherwise assists in the formation or 
execution of a surrogacy agreement that is void and unenforceable under 
section 4 shall be fined under title 18, United States Code, imprisoned 
for not more than 10 years, or both.

SEC. 6. CUSTODY OF CHILD WHEN INTERNATIONAL SURROGATE PARENTAGE 
CONTRACTS ARE VOID AND UNENFORCEABLE.

Legal custody of a child born pursuant to a surrogacy agreement 
that is void and unenforceable under section 4 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.

SEC. 7. LIMITATION ON ELIGIBILITY FOR IMMIGRATION BENEFITS.

Notwithstanding any other provision of law, a foreign national who 
is a parent of a citizen of the United States born pursuant to a 
surrogacy agreement that is unenforceable under section 4, may not, by 
virtue of their parentage of such citizen, be accorded any right, 
privilege, or status under the immigration laws.

SEC. 8. APPLICABILITY.

This Act shall apply with respect to surrogacy agreements entered 
into on or after the date of enactment of this Act.
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