[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9868 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9868

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2026

Mr. Ogles (for himself, Mrs. Miller of Illinois, Mr. Self, Ms. Boebert, 
    Mrs. Biggs of South Carolina, and Mr. Brecheen) 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 
2026''.

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 2026) 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) Abortion.--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.
            (2) Female.--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.
            (3) Intended parent.--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.
            (4) Surrogacy contract.--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.
            (5) Surrogate mother.--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.
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