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HR 7293

Protecting Children in Surrogacy Act

119th Congress Introduced by Don Bacon and 1 co-sponsor

Prohibits covered sex offenders from obtaining a child through surrogacy or entering surrogacy contracts, with penalties and nonenforceability of related agreements.

Introduced in House
0
WeVote Research Nonpartisan
Bill Summary · HR 7293

Summary: Protecting Children in Surrogacy Act (H.R. 7293, 118th Congress, 119th Session)

Note: This summary focuses on the text and stated purposes of the bill as introduced.

1) Purpose and Intent

  • The bill, titled the Protecting Children in Surrogacy Act, aims to prohibit individuals who are “covered sex offenders” from obtaining a child through surrogacy or entering into a surrogacy contract as an intended parent.
  • It establishes penalties and expands federal jurisdiction related to surrogacy arrangements involving such offenders.

2) Key Provisions and Changes

A. New Prohibition and Penalties

  • Adds a new provision to 18 U.S.C. Chapter 110:
    • Section 2260B: Prohibition on sex offenders obtaining a child through surrogacy.
  • Who is affected:
    • A person who is a “covered sex offender” (defined as someone required to register on the National Sex Offender Registry under the Adam Walsh Act) and who knowingly obtains a child through surrogacy or is an intended parent in a surrogacy contract.
  • Penalties:
    • Fines, imprisonment for up to 10 years, or both.

B. Circumstances Triggering Prosecution

  • Subsection (b) enumerates interstate/foreign commerce or other connected activities that, if present, support charges under §2260B, including:
    • Travel of the intended parent, surrogate, or child in commerce related to the surrogacy.
    • Use of interstate means, channels, facilities, or instruments in furtherance of the surrogacy conduct.
    • Payments connected to the surrogacy.
    • Communications relating to the surrogacy transmitted via interstate or foreign commerce (including digital communications).
    • Equipment or items that traveled in interstate commerce used in the conduct.
    • Conduct occurring within the U.S. beyond merely local boundaries.
    • Any conduct that otherwise affects interstate or foreign commerce.

C. Nonenforcement of Surrogacy Contracts Involving Offenders

  • subsection (c): A Federal court may not enforce any surrogacy contract in which an intended parent is a covered sex offender.

D. Definitions (Section 2(d))

  • Key terms defined for clarity:
    • “Covered sex offender”: An offender required to register on the National Sex Offender Registry under the Adam Walsh Act.
    • “Obtain”: To acquire legal or physical custody, guardianship, or parental rights through surrogacy or related contracts.
    • “Child”: An individual under 18 years old.
    • “Surrogacy” and “Surrogacy contract”: Standard definitions describing an arrangement where a surrogate bears a child with the intent that custody/parental rights transfer to one or more intended parents.
    • “Intended parent”: The party who will take permanent custody of the child.
    • “Surrogate mother”: The woman bearing the child under the contract.
    • “Female”: Broad reproductive-definition clause.

3) Jurisdiction and Procedures (Section 3)

A. Jurisdiction

  • Amends 28 U.S.C. Chapter 85 to add a new section (1370):
    • District courts shall have original jurisdiction over civil actions involving surrogacy contracts in circumstances described in Section 2(b) (the specified interstate/commerce-related circumstances).
  • Definitions are reiterated for consistency with the new jurisdiction.

B. Clerical Amendment

  • Updates the table of sections to include 1370, “Surrogacy contracts.”

4) Who Would Be Affected

  • Individuals who are registered or required to register as sex offenders (per the Adam Walsh Act) and who seek to obtain a child through surrogacy or enter into a surrogacy contract as intended parents.
  • Surrogacy service providers, intended parents, surrogate mothers, and related parties would be subject to the new prohibitions and potential nonenforceability of contracts involving offenders.
  • Federal courts would gain subject-matter jurisdiction over relevant civil actions concerning surrogacy contracts in the described circumstances.

5) Timeline and Status

  • Introduced: January 30, 2026 by Rep. Mace, with two co-sponsors noted (Rep. Nancy Mace and Rep. Don Bacon).
  • Referred to the House Judiciary Committee; no further action details provided in the text available.

This summary presents the bill’s core aim, main provisions, affected parties, and procedural aspects based on the introduced text.

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

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