[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7293 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7293

   To prohibit covered sex offenders from obtaining children through 
                   surrogacy, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2026

   Ms. Mace introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To prohibit covered sex offenders from obtaining children through 
                   surrogacy, 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 Children in Surrogacy 
Act''.

SEC. 2. PROHIBITION ON SEX OFFENDERS OBTAINING A CHILD THROUGH 
              SURROGACY.

    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) In General.--Whoever, in a circumstance described in 
subsection (b), being a covered sex offender, knowingly obtains a child 
through surrogacy or enters into a surrogacy contract as an intended 
parent shall be fined under this title, imprisoned not more than 10 
years, or both.
    ``(b) Circumstances Described.--For the purposes of subsection (a), 
the circumstances described in this subsection are that--
            ``(1) the intended parent, surrogate mother, or child 
        traveled in interstate or foreign commerce, or traveled using a 
        means, channel, facility, or instrumentality of interstate or 
        foreign commerce, in furtherance of or in connection with the 
        conduct described in subsection (a);
            ``(2) the intended parent used a means, channel, facility, 
        or instrumentality of interstate or foreign commerce in 
        furtherance of or in connection with the conduct described in 
        subsection (a);
            ``(3) any payment of any kind was made, directly or 
        indirectly, in furtherance of or in connection with the conduct 
        described in subsection (a) using any means, channel, facility, 
        or instrumentality of interstate or foreign commerce or in or 
        affecting interstate or foreign commerce;
            ``(4) the intended parent transmitted in interstate or 
        foreign commerce any communication relating to or in 
        furtherance of the conduct described in subsection (a) using 
        any means, channel, facility, or instrumentality of interstate 
        or foreign commerce or in or affecting interstate or foreign 
        commerce by any means or in any manner, including by computer, 
        mail, wire, or electromagnetic transmission;
            ``(5) any equipment, item, or other object that has 
        traveled in interstate or foreign commerce was used to perform 
        the conduct described in subsection (a);
            ``(6) the conduct described in subsection (a) occurred 
        within the special maritime and territorial jurisdiction of the 
        United States, or any territory or possession of the United 
        States; or
            ``(7) the conduct described in subsection (a) otherwise 
        occurred in or affected interstate or foreign commerce.
    ``(c) Nonenforcement.--A Federal court may not enforce any 
surrogacy contract in which an intended parent of a child is a covered 
sex offender.
    ``(d) Definitions.--In this section:
            ``(1) The term `covered sex offender' means a sex offender 
        who is, or at any time was, required to register on the 
        National Sex Offender Registry under section 113 of the Adam 
        Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 
        20913).
            ``(2) The term `obtain' means to acquire legal or physical 
        custody, guardianship, or parental rights over a child, through 
        surrogacy, a surrogacy contract, or any other formal or 
        informal mechanism.
            ``(3) The term `child' means an individual who has not 
        attained 18 years of age.
            ``(4) The term `surrogacy' means an arrangement or 
        agreement whereby a surrogate mother agrees to conceive and 
        bear a child for the purpose of transferring custody or 
        parental rights to one or more intended parent upon or after 
        the birth of the child.
            ``(5) The term `surrogacy contract' means a contract 
        setting forth the terms and conditions for the conception and 
        birth of a child to a surrogate mother with the intent of all 
        parties being that such child shall enter into the permanent 
        custody of one or more intended parent.
            ``(6) The term `intended parent' means any individual who 
        is a party to a surrogacy contract and who is the party who 
        will take permanent custody of a child born pursuant to such 
        contract.
            ``(7) The term `surrogate mother' means a female who is a 
        party to a surrogacy contract and who is the party who will 
        bear the child pursuant to such contract.
            ``(8) The term `female' means an individual who has, had, 
        will have, or would have, but for a developmental or genetic 
        anomaly or historical accident, a reproductive system that at 
        some point produces, transports, and utilizes eggs for 
        fertilization.''.

SEC. 3. JURISDICTION OF THE COURTS.

    (a) In General.--Chapter 85 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1370. Surrogacy contracts
    ``(a) Jurisdiction.--The district courts shall have original 
jurisdiction of all civil actions where the matter in controversy is a 
surrogacy contract (as such term is defined in section 5 of the 
Protecting Children in Surrogacy Act) in a circumstance described in 
section 2(b) of such Act.
    ``(b) Definitions.--In this section:
            ``(1) The term `child' means an individual who has not 
        attained 18 years of age.
            ``(2) The term `surrogacy' means an arrangement or 
        agreement whereby a surrogate mother agrees to conceive and 
        bear a child for the purpose of transferring custody or 
        parental rights to one or more intended parent upon or after 
        the birth of the child.
            ``(3) The term `surrogacy contract' means a contract 
        setting forth the terms and conditions for the conception and 
        birth of a child to a surrogate mother with the intent of all 
        parties being that such child shall enter into the permanent 
        custody of one or more intended parent.
            ``(4) The term `intended parent' means any individual who 
        is a party to a surrogacy contract and who is the party who 
        will take permanent custody of a child born pursuant to such 
        contract.
            ``(5) The term `surrogate mother' means a female who is a 
        party to a surrogacy contract and who is the party who will 
        bear the child pursuant to such contract.
            ``(6) The term `female' means an individual who has, had, 
        will have, or would have, but for a developmental or genetic 
        anomaly or historical accident, a reproductive system that at 
        some point produces, transports, and utilizes eggs for 
        fertilization.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``1370. Surrogacy contracts.''.
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