[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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