SAFE KIDS Act

This bill makes surrogacy contracts void and unenforceable in the United States when the prospective parent is a citizen or permanent resident of a foreign entity of concern, and imposes criminal penalties on surrogacy brokers who facilitate such agreements.

Sec. 3, Definitions: Defines key terms: "foreign entity of concern" means a nation listed under 10 U.S.C. § 4872(f)(2); "prospective parent" is someone who enters a surrogacy agreement to become a legal or custodial parent; "surrogacy agreement" is a contract where a surrogate parent agrees to become pregnant, give birth, and relinquish parental rights, with a presumption that any such agreement with a citizen or permanent resident of a foreign entity of concern is a surrogacy agreement even if it does not expressly address parental rights; "surrogacy broker" is anyone who induces, arranges, or facilitates a surrogacy agreement; and "surrogate parent" is a person who agrees to become pregnant, give birth, and relinquish parental rights.

Sec. 4, Certain international surrogate parentage contracts void and unenforceable: A surrogacy agreement is void and unenforceable if the surrogate parent is in the U.S. at birth or is a U.S. citizen or lawful permanent resident, and the prospective parent is a citizen or permanent resident of a foreign entity of concern, or a broker arranges it with such a prospective parent. An exception exists if the agreement is between a surrogate parent and two legally married prospective parents, and at least one is a U.S. citizen or lawful permanent resident.

Sec. 5, Commercial facilitation of foreign surrogacy prohibited; penalty: A surrogacy broker who knowingly or recklessly induces, arranges, or facilitates a surrogacy agreement that is void under section 4 shall be fined under title 18, U.S. Code, imprisoned for up to 1 year, or both.

Sec. 6, Custody of child when international surrogate parentage contracts are void and unenforceable: Legal custody of a child born under a void surrogacy agreement under section 4 shall be decided based on the best interests of the child under the law of the state where the surrogate parent resides, with no effect given to the surrogacy agreement or any other custody agreement.