H.R. 7293: Protecting Children in Surrogacy Act

This bill, referred to as the Protecting Children in Surrogacy Act, aims to prohibit certain individuals, specifically those classified as "covered sex offenders," from obtaining children through surrogacy arrangements. Below are the major provisions of this legislation:

1. Definition of "Covered Sex Offender"

A "covered sex offender" is defined as an individual who is, or was at any time, required to register on the National Sex Offender Registry under the relevant federal law (the Adam Walsh Child Protection and Safety Act). This designation highlights individuals with prior offenses related to sexual crimes against minors.

2. Prohibition on Surrogacy

The bill makes it illegal for covered sex offenders to:

• Obtain a child through surrogacy: This includes any actions taken to gain legal or physical custody, guardianship, or parental rights over a child born via surrogacy.
• Enter into surrogacy contracts: Engaging in any legal agreements for surrogacy is prohibited for these individuals.

3. Legal Consequences

Individuals found violating this prohibition may face:

• A fine as specified under the law,
• Imprisonment for up to 10 years, or
• Both fines and imprisonment.

4. Circumstances of Enforcement

The prohibition applies if the surrogacy arrangement involves any of the following conditions:

• If the intended parent, surrogate mother, or child travels interstate or internationally in connection with the surrogacy.
• If a means of interstate or foreign commerce is used in the surrogacy arrangement.
• If any payments are made using interstate or foreign commerce related to the surrogacy.
• If any communications regarding the surrogacy are transmitted in interstate commerce.
• If any equipment or materials involved in the surrogacy have crossed state lines.
• If the act occurs within US territorial jurisdiction.
• If the conduct otherwise affects interstate or foreign commerce.

5. Nonenforcement of Surrogacy Contracts

Furthermore, the bill states that federal courts will not enforce any surrogacy contracts if an intended parent is identified as a covered sex offender. This serves to nullify any existing contracts and discourage future agreements relating to surrogacy involving such individuals.

6. Jurisdiction of Courts

The bill grants federal district courts original jurisdiction over civil actions regarding surrogacy contracts when they involve a covered sex offender. This allows federal courts to handle disputes without delegating them to state courts, aiming for a consistent approach across states.

7. Definitions of Key Terms

Several terms are defined within the bill to clarify its provisions:

• Child: An individual who has not yet reached 18 years of age.
• Surrogacy: An arrangement where a surrogate mother agrees to conceive and bear a child to later transfer custody to intended parents.
• Surrogacy Contract: A formal agreement among the parties regarding the terms of the surrogacy arrangement.
• Intended Parent: Any individual who is a party to a surrogacy contract and is expected to take permanent custody of the child.
• Surrogate Mother: The female party to a surrogacy contract who will bear the child.
• Female: Individuals defined by their reproductive capability concerning conception and bearing children.

Relevant Companies

None found.