S. 3101: Stopping Adversarial Foreign Exploitation of Kids In Domestic Surrogacy Act

This bill, known as the Stopping Adversarial Foreign Exploitation of Kids In Domestic Surrogacy Act or the SAFE KIDS Act, aims to address concerns about international surrogacy arrangements involving citizens from foreign nations that are deemed adversarial to the United States.

Key Provisions of the Act

The bill has several important components:

• Acknowledgment of Exploitation: The Act recognizes that citizens from foreign countries of concern are potentially exploiting the surrogacy laws in the U.S. to take advantage of financially vulnerable women, which could lead to issues like human trafficking.
• Invalidation of Contracts: It mandates that surrogacy contracts involving prospective parents who are citizens or permanent residents of foreign entities of concern will be declared void and unenforceable. This includes agreements with surrogate mothers who are in the U.S. at the time of birth.
• Criminal Penalties: The bill imposes criminal penalties on surrogacy brokers (individuals or entities that arrange surrogacy agreements) who knowingly assist in creating such void agreements. Penalties could include fines or imprisonment for up to one year.

Definitions

The bill defines key terms to clarify its scope:

• Foreign Entity of Concern: Refers to any foreign nation listed under specific United States legal provisions.
• Prospective Parent: An individual who intends to enter a surrogate agreement to become the legal parent of a child.
• Surrogacy Agreement: Any agreement where a surrogate mother agrees to give birth and relinquish parental rights.
• Surrogacy Broker: Someone who assists in organizing or facilitating surrogacy agreements.
• Surrogate Parent: A person who agrees to become pregnant and give birth, relinquishing parental rights to another party.

Regulations on Surrogacy Contracts

The Act specifically states that:

• Surrogacy agreements involving foreign entities of concern are deemed void unless both prospective parents are legally married and at least one is a citizen or lawful permanent resident of the U.S.
• In cases where an agreement is void, legal custody of the child will be determined by the laws of the state where the surrogate resides, prioritizing the best interests of the child over the initial surrogacy agreement.

Purpose and Rationale

The bill is introduced to address national security concerns and the integrity of domestic surrogacy practices. It aims to protect vulnerable individuals and children by prohibiting exploitative practices and reinforcing regulations on surrogacy in the U.S.

Relevant Companies

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