Bill > HR7040

This bill, also known as the "Stopping Adversarial Foreign Exploitation of Kids In Domestic Surrogacy Act" or the "SAFE KIDS Act," aims to prevent citizens of countries deemed "foreign entities of concern" from using surrogacy contracts in the United States. The bill defines a "foreign entity of concern" as a nation listed under a specific section of U.S. law, and a "surrogacy agreement" as any arrangement where a surrogate parent agrees to carry and give birth to a child for prospective parents, with the intention of relinquishing parental rights. It declares that any such agreement between a surrogate parent in the U.S. and a prospective parent or a "surrogacy broker" (defined as anyone facilitating such agreements) from a foreign entity of concern is void and unenforceable. An exception is made if the prospective parents are legally married and at least one is a U.S. citizen or permanent resident. The bill also imposes criminal penalties, including fines and imprisonment, on surrogacy brokers who knowingly facilitate these void agreements, and states that child custody in such cases will be determined by the best interests of the child under state law, without regard to the invalid surrogacy contract. This legislation arises from concerns that foreign entities of concern are exploiting U.S. surrogacy laws, potentially threatening national security and facilitating human trafficking.

Justice

https://www.congress.gov/bill/119th-congress/house-bill/7040/all-info