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HR 9868

Preventing Forced Abortions Act of 2026

119th Congress Introduced by Sheri Biggs and 8 co-sponsors

Prohibits enforcing surrogacy contracts that require abortion, while enforcing surrogate compensation terms regardless of abortion obligations.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 9868

Summary of HR 9868 (119th Congress) — Preventing Forced Abortions Act of 2026

Purpose and Intent

  • Establishes federal protections aimed at preventing coercive abortions within surrogacy arrangements.
  • Requires that surrogacy contracts cannot compel a surrogate to terminate a pregnancy, and it directs federal enforcement to uphold compensation provisions notwithstanding any abortion requirements.

Key Provisions

  • Prohibition on abortion coercion in surrogacy contracts (Section 2):

    • A Federal court may not enforce any provision in a surrogacy contract that requires the surrogate mother to have an abortion at the request of the intended parent, party to the contract, or agent of any party.
    • The bill, however, requires courts to enforce any compensation clause for the surrogate, even if it would otherwise be linked to abortion, including:
    • Liquidated damages or penalties based on refusal to obtain an abortion.
    • Reductions in payment tied to abortion refusals.
    • Any provision effectively forcing an abortion via contract.

  • Jurisdiction and venue (Section 3):

    • Amends Chapter 85 of title 28, U.S.C., to add a new section (1370) granting district courts original jurisdiction over civil actions involving surrogacy contracts that arise in or affect interstate or foreign commerce.
    • Adds a clerical amendment to insert the new section into the table of sections.

  • Definitions (Section 4):

    • Abortion: The use or prescription of any instrument, medicine, drug, or other means to intentionally kill the unborn child or terminate the pregnancy, with limited exceptions for viability-related live birth or removal of a dead fetus.
    • Female: Defines a person with a reproductive system capable of egg production for fertilization.
    • Intended parent: The person who will take permanent custody of a child born under the surrogacy contract.
    • Surrogacy contract: An agreement detailing the conception and birth of a child with the intent that the child immediately enters permanent custody with another individual.
    • Surrogate mother: The female who bears the child under the contract.

Affected Parties and Scope

  • Who is protected/affected?

    • Surrogate mothers (to prevent coercive abortion requirements as a contract term).
    • Intended parents and parties/agents involved in surrogacy contracts (subject to contractual terms and remedies, with abortion-related provisions unenforceable by courts).
    • Federal courts (new jurisdiction to adjudicate surrogacy-contract disputes crossing state lines or involving international aspects).

  • Geographic and jurisdictional reach:

    • Applies to surrogacy contracts that involve interstate or foreign commerce, as courts would have federal jurisdiction over such disputes.

Procedural and Timeline Aspects

  • The bill designation and introductory dates indicate it would become law if enacted and signed.
  • It creates a federal cause of action for disputes arising from surrogacy contracts and adds a new section to the U.S. Code (28 U.S.C. § 1370) to establish district court jurisdiction.
  • Standard legislative process: referred to the House Judiciary Committee for consideration, with potential committee hearings and amendments before moving to the full House and Senate.

Practical Implications

  • Courts would not enforce abortion-mandating clauses within surrogacy contracts, potentially affecting how surrogacy arrangements are drafted and negotiated.
  • Courts would enforce compensation provisions for surrogate mothers, even if other contract terms attempt to condition compensation on abortion.
  • The bill emphasizes protecting surrogate autonomy and bodily integrity, while clarifying remedies related to compensation rather than abortion obligations.

Notes

  • The bill is introduced by multiple sponsors and co-sponsors, reflecting bipartisan attention to the issue of surrogacy contract enforceability and surrogate consent protections.
  • Definitions are narrowly tailored to surrogacy arrangements and the concept of abortion, with explicit scope for viability and dead-fetus exceptions.

Compiled from official sources — confirm details with the bill’s official record.

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