H.R. 9868: Preventing Forced Abortions Act of 2026 (119th Congress) Bill Summary

This bill would limit how surrogacy agreements can be enforced in federal court when they involve abortion-related requirements.

What the bill does

It says federal courts cannot enforce any part of a surrogacy contract that requires a surrogate mother to have an abortion at the request of an intended parent, another party to the contract, or an agent of a party.
It also says federal courts must still enforce payment terms in surrogacy contracts, even if the contract includes an abortion requirement.
That means a surrogate would still be entitled to agreed compensation, and the other side could not reduce payment, impose penalties, or claim damages just because the surrogate refused to have an abortion.

Federal court jurisdiction

The bill would give federal district courts original jurisdiction over civil cases involving surrogacy contracts when those contracts are in or affect interstate or foreign commerce.
In practical terms, that means disputes over these contracts could be brought in federal court rather than only in state court, at least in cases meeting that commerce-related standard.

Key definitions in the bill

Surrogacy contract: an agreement for a child to be conceived and born to one woman with the understanding that the child will then go to another person permanently.
Intended parent: a party to the surrogacy contract who will take permanent custody of the child.
Surrogate mother: the woman who carries and gives birth to the child under the contract.
Abortion: defined broadly as intentionally ending a pregnancy or intentionally killing the unborn child, subject to the bill’s stated exceptions.

What it would change in practice

The bill would not ban surrogacy contracts generally. Instead, it would make abortion-forcing clauses unenforceable in federal court and protect the surrogate’s right to receive agreed compensation even if she refuses such a clause. It would also prevent contract terms that punish a surrogate for refusing an abortion, such as reduced payment or liquidated damages.