,,ii  #aaith ,,congress  #ast ,session  
,s4 #caja  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #d1  
#bjbe,mr4 ,scott of ,florida introduced 
the following bill2 which was read twice
 and referred to the ,committee on the  
,judiciary  ,a ,,bill  ,to prevent      
citizens of foreign adversarial nations 
from entering into or enforcing         
surrogacy contracts in the ,united      
,states4  #a4 ,short title ,this ,act   
may be cited as the ,stopping           
,adversarial ,foreign ,exploitation of  
,kids ,in ,domestic ,surrogacy ,act or  
the ,,safe ,,kids ,act4  #b4 ,findings  
and purposes  7a7 ,findings ,congress   
finds the following3 7#a7 ,citizens of  
foreign entities of concern are         
exploiting commercial surrogacy laws in 
the ,united ,states4  7#b7 ,many        
developed countries ban international   
commercial surrogacy altogether4 ,the   
,united ,states1 however1 presently     
allows even citizens of foreign entities
 of concern to solicit and pay          

financially-distressed ,americans to    
give birth to their children in the     
,united ,states and then send these     
infants abroad4  7#c7 ,this presents an 
acute national security threat1 and     
recent events in ,arcadia1 ,california  
reveal that surrogacy is even being used
 to facilitate human trafficking4  7b7  
,purposes ,this ,act-- 7#a7 acknowledges
 that foreign persons 7including        
nationals of foreign entities of        
concern7 are abusing surrogacy          
agreements to exploit women in the      
,united ,states and to obtain ,united   
,states citizenship for their children2 
7#b7 invalidates surrogate parentage    
contracts between prospective parents   
from foreign entities of concern and a  
surrogate mother in the ,united ,states2
 and  7#c7 imposes criminal penalties on
 surrogacy brokers who commercially     
facilitate such invalid agreements4  #c4
 ,definitions ,in this ,act3 7#a7       
,foreign entity of concern ,the term    
foreign entity of concern means any     

foreign nation listed under section     
#dhgb7;f77#b7 of title #aj1 ,united     
,states ,code4  7#b7 ,prospective parent
 ,the term prospective parent means an  
individual who1 directly or indirectly1 
enters into a surrogacy agreement to    
become the legal or custodial parent of 
a child birthed by a surrogate parent4  
7#c7 ,surrogacy agreement  7,a7 ,in     
general ,the term surrogacy agreement   
means a contract1 agreement1 or         
arrangement1 without regard to whether  
it is oral or written or is direct or   
brokered1 between #a or more prospective
 parents and a surrogate parent1 under  
which the surrogate parent agrees to    
become pregnant and give birth to a     
child1 and1 subject to subparagraph     
7,b71 to relinquish all parental rights 
and responsibilities to the prospective 
parent or parents4  7,b7 ,presumption   
,with respect to a contract1 agreement1 
or arrangement1 without regard to       
whether it is oral or written or is     
direct or brokered1 under which a       

surrogate parent agrees to become       
pregnant and give birth to a child that 
does not expressly address parental or  
custodial rights1 there shall be a      
presumption that the surrogate parent   
has agreed to relinquish her parental or
 custodial rights1 and that the         
contract1 agreement1 or arrangement is a
 surrogacy agreement1 if the contract1  
agreement1 or arrangement is with a     
prospective parent who is a citizen or  
permanent resident of a foreign entity  
of concern4  7#d7 ,surrogacy broker ,the
 term surrogacy broker means any        
individual or entity that induces1      
arranges1 procures1 facilitates1 or     
otherwise assists in the formation or   
execution of a surrogacy agreement4     
7#e7 ,surrogate parent ,the term        
surrogate parent means a person who     
agrees to become pregnant and give birth
 to a child1 and to relinquish all      
parental rights and responsibilities to 
another person under the terms of a     
surrogacy agreement4  #d4 ,certain      

international surrogate parentage       
contracts void and unenforceable  7a7   
,in general ,subject to subsection 7b71 
a surrogacy agreement shall be void and 
unenforceable if the agreement is       
between a surrogate parent who is in the
 ,united ,states at the time of birth or
 who is a citizen or lawful permanent   
resident of the ,united ,states and--   
7#a7 a prospective parent who is a      
citizen or permanent resident of a      
foreign entity of concern2 or  7#b7 a   
surrogacy broker who arranges a         
surrogacy agreement with a prospective  
parent who is a citizen or permanent    
resident of a foreign entity of concern4
  7b7 ,exception ,subsection 7a7 shall  
not invalidate a surrogacy agreement    
between a surrogate parent and #b       
prospective parents1 if-- 7#a7 the #b   
prospective parents are legally married2
 and  7#b7 at least #a prospective      
parent is a citizen or lawful permanent 
resident of the ,united ,states4  #e4   
,commercial facilitation of foreign     

surrogacy prohibited2 penalty ,a        
surrogacy broker who knowingly or       
recklessly induces1 arranges1 procures1 
facilitates1 or otherwise assists in the
 formation or execution of a surrogacy  
agreement that is void and unenforceable
 under section #d shall be fined under  
title #ah1 ,united ,states ,code1       
imprisoned for not more than #a year1 or
 both4  #f4 ,custody of child when      
international surrogate parentage       
contracts are void and unenforceable    
,legal custody of a child born pursuant 
to a surrogacy agreement that is void   
and unenforceable under section #d shall
 be decided based on a determination of 
the best interests of the child under   
the law of the ,state where the         
surrogate parent resides1 with no effect
 given to the surrogacy agreement or any
 other purported agreement1 contract1 or
 understanding concerning the custody of
 the child4