[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8985 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8985

   To provide for certain conditions on the enforcement of surrogacy 
                               contracts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2024

Mr. Ogles (for himself, Mr. Gosar, Mr. Pence, Mr. Self, Mr. Biggs, Mrs. 
 Miller of Illinois, Mr. Palmer, Mr. Duncan, Mr. Lamborn, Mr. Steube, 
   Mr. Moore of Alabama, Mr. Mooney, and Ms. Boebert) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide for certain conditions on the enforcement of surrogacy 
                               contracts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Forced Abortions Act of 
2024''.

SEC. 2. IN GENERAL.

    A Federal court--
            (1) may not enforce any provision in a surrogacy contract 
        that requires the surrogate mother to have an abortion at the 
        request of any intended parent, party to a surrogacy contract, 
        or agent of any party to a surrogacy contract; and
            (2) shall enforce any clause requiring the payment of a 
        surrogate mother of any compensation agreed to in a surrogacy 
        contract, notwithstanding any provision that requires the 
        surrogate mother to have an abortion at the request of any 
        intended parent, party to a surrogacy contract, or agent of any 
        party to a surrogacy contract, including any provision 
        providing for--
                    (A) liquidated damages based on a refusal to get an 
                abortion;
                    (B) reduction of payment based on a refusal to get 
                an abortion; or
                    (C) otherwise requiring the surrogate mother to 
                have an abortion at the request of any party or agent 
                of any party to a surrogacy contract.

SEC. 3. JURISDICTION OF THE COURTS.

    (a) In General.--Chapter 85 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1370. Surrogacy contracts
    ``The district courts shall have original jurisdiction of all civil 
actions where the matter in controversy is a surrogacy contract (as 
such term is defined in section 4 of the Preventing Forced Abortions 
Act of 2024) in or affecting interstate or foreign commerce.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``1370. Surrogacy contracts.''.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) 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 
        contract.
            (2) The term ``surrogacy contract'' means an agreement 
        setting forth the terms and conditions for the conception and 
        birth of a child to a female with the intent of all parties 
        being that such child shall immediately thereafter enter into 
        the permanent custody of another individual.
            (3) 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 contract.
            (4) The term ``female'' means an individual who has, had, 
        will have, or would have, but for a developmental or genetic 
        anomaly or historical accident, a reproductive system that at 
        some point produces, transports, and utilizes eggs for 
        fertilization.
            (5) The term ``abortion'' means the use or prescription of 
        any instrument, medicine, drug, or any other substance or 
        device--
                    (A) to intentionally kill the unborn child of a 
                woman known to be pregnant; or
                    (B) to intentionally terminate the pregnancy of a 
                woman known to be pregnant, with an intention other 
                than--
                            (i) after viability to produce a live birth 
                        and preserve the life and health of the child 
                        born alive; or
                            (ii) to remove a dead unborn child.
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