,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gbic ,,in ,,the ,,house ,,of ,,representatives ,january #cj1 #bjbf ,ms4 ,mace introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit covered sex offenders from obtaining children through surrogacy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,children in ,surrogacy ,act4 #b4 ,prohibition on sex offenders obtaining a child through surrogacy ,chapter #aaj of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bbfj;,b4 ,prohibition on sex offenders obtaining a child through surrogacy 7a7 ,in general ,whoever1 in a circumstance described in subsection 7b71 being a covered sex offender1 knowingly obtains a child through surrogacy or enters into a surrogacy contract as an intended parent shall be fined under this title1 imprisoned not more than #aj years1 or both4 7b7 ,circumstances described ,for the purposes of subsection 7a71 the circumstances described in this subsection are that-- 7#a7 the intended parent1 surrogate mother1 or child traveled in interstate or foreign commerce1 or traveled using a means1 channel1 facility1 or instrumentality of interstate or foreign commerce1 in furtherance of or in connection with the conduct described in subsection 7a72 7#b7 the intended parent used a means1 channel1 facility1 or instrumentality of interstate or foreign commerce in furtherance of or in connection with the conduct described in subsection 7a72 7#c7 any payment of any kind was made1 directly or indirectly1 in furtherance of or in connection with the conduct described in subsection 7a7 using any means1 channel1 facility1 or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce2 7#d7 the intended parent transmitted in interstate or foreign commerce any communication relating to or in furtherance of the conduct described in subsection 7a7 using any means1 channel1 facility1 or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in any manner1 including by computer1 mail1 wire1 or electromagnetic transmission2 7#e7 any equipment1 item1 or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection 7a72 7#f7 the conduct described in subsection 7a7 occurred within the special maritime and territorial jurisdiction of the ,united ,states1 or any territory or possession of the ,united ,states2 or 7#g7 the conduct described in subsection 7a7 otherwise occurred in or affected interstate or foreign commerce4 7c7 ,nonenforcement ,a ,federal court may not enforce any surrogacy contract in which an intended parent of a child is a covered sex offender4 7d7 ,definitions ,in this section3 7#a7 ,the term covered sex offender means a sex offender who is1 or at any time was1 required to register on the ,national ,sex ,offender ,registry under section #aac of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjiac74 7#b7 ,the term obtain means to acquire legal or physical custody1 guardianship1 or parental rights over a child1 through surrogacy1 a surrogacy contract1 or any other formal or informal mechanism4 7#c7 ,the term child means an individual who has not attained #ah years of age4 7#d7 ,the term surrogacy means an arrangement or agreement whereby a surrogate mother agrees to conceive and bear a child for the purpose of transferring custody or parental rights to one or more intended parent upon or after the birth of the child4 7#e7 ,the term surrogacy contract means a contract setting forth the terms and conditions for the conception and birth of a child to a surrogate mother with the intent of all parties being that such child shall enter into the permanent custody of one or more intended parent4 7#f7 ,the term intended parent means any individual who is a party to a surrogacy contract and who is the party who will take permanent custody of a child born pursuant to such contract4 7#g7 ,the term surrogate mother means a female who is a party to a surrogacy contract and who is the party who will bear the child pursuant to such contract4 7#h7 ,the term female means an individual who has1 had1 will have1 or would have1 but for a developmental or genetic anomaly or historical accident1 a reproductive system that at some point produces1 transports1 and utilizes eggs for fertilization4 4 #c4 ,jurisdiction of the courts 7a7 ,in general ,chapter #he of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #acgj4 ,surrogacy contracts 7a7 ,jurisdiction ,the district courts shall have original jurisdiction of all civil actions where the matter in controversy is a surrogacy contract 7as such term is defined in section #e of the ,protecting ,children in ,surrogacy ,act7 in a circumstance described in section #b7;b7 of such ,act4 7b7 ,definitions ,in this section3 7#a7 ,the term child means an individual who has not attained #ah years of age4 7#b7 ,the term surrogacy means an arrangement or agreement whereby a surrogate mother agrees to conceive and bear a child for the purpose of transferring custody or parental rights to one or more intended parent upon or after the birth of the child4 7#c7 ,the term surrogacy contract means a contract setting forth the terms and conditions for the conception and birth of a child to a surrogate mother with the intent of all parties being that such child shall enter into the permanent custody of one or more intended parent4 7#d7 ,the term intended parent means any individual who is a party to a surrogacy contract and who is the party who will take permanent custody of a child born pursuant to such contract4 7#e7 ,the term surrogate mother means a female who is a party to a surrogacy contract and who is the party who will bear the child pursuant to such contract4 7#f7 ,the term female means an individual who has1 had1 will have1 or would have1 but for a developmental or genetic anomaly or historical accident1 a reproductive system that at some point produces1 transports1 and utilizes eggs for fertilization4 4 7b7 ,clerical amendment ,the table of sections for such chapter is amended by adding at the end the following3 #acgj4 ,surrogacy contracts4 4