[Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)]
[Senate]
[Page S3795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6602. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed by him to the bill S. 4784, to authorize appropriations for 
fiscal year 2027 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PREVENT CITIZENS OF FOREIGN ADVERSARIAL NATIONS FROM 
                   ENTERING INTO OR ENFORCING SURROGACY CONTRACTS 
                   IN THE UNITED STATES.

       (a) Definitions.--In this section:
       (1) Foreign entity of concern.--The term ``foreign entity 
     of concern'' means any foreign nation listed under section 
     4872(f)(2) of title 10, United States Code.
       (2) Prospective parent.--The term ``prospective parent'' 
     means an individual who, directly or indirectly, enters into 
     a surrogacy agreement to become the legal or custodial parent 
     of a child birthed by a surrogate parent.
       (3) Surrogacy agreement.--
       (A) In general.--The term ``surrogacy agreement'' means a 
     contract, agreement, or arrangement, without regard to 
     whether it is oral or written or is direct or brokered, 
     between 1 or more prospective parents and a surrogate parent, 
     under which the surrogate parent agrees to become pregnant 
     and give birth to a child, and, subject to subparagraph (B), 
     to relinquish all parental rights and responsibilities to the 
     prospective parent or parents.
       (B) Presumption.--With respect to a contract, agreement, or 
     arrangement, without regard to whether it is oral or written 
     or is direct or brokered, under which a surrogate parent 
     agrees to become pregnant and give birth to a child that does 
     not expressly address parental or custodial rights, there 
     shall be a presumption that the surrogate parent has agreed 
     to relinquish her parental or custodial rights, and that the 
     contract, agreement, or arrangement is a surrogacy agreement, 
     if the contract, agreement, or arrangement is with a 
     prospective parent who is a citizen or permanent resident of 
     a foreign entity of concern.
       (4) Surrogacy broker.--The term ``surrogacy broker''--
       (A) means any individual or entity that induces, arranges, 
     procures, facilitates, or otherwise assists in the formation 
     or execution of a surrogacy agreement; and
       (B) does not include an individual or entity serving as 
     bona fide legal counsel to a prospective parent or a 
     surrogate parent.
       (5) Surrogate parent.--The term ``surrogate parent'' means 
     a person who agrees to become pregnant and give birth to a 
     child, and to relinquish all parental rights and 
     responsibilities to another person under the terms of a 
     surrogacy agreement.
       (b) Certain International Surrogate Parentage Contracts 
     Void and Unenforceable.--
       (1) In general.--Subject to paragraph (2), 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--
       (A) a prospective parent who is a citizen or permanent 
     resident of a foreign entity of concern; or
       (B) a surrogacy broker who arranges a surrogacy agreement 
     with a prospective parent who is a citizen or permanent 
     resident of a foreign entity of concern.
       (2) Exception.--Paragraph (1) shall not invalidate a 
     surrogacy agreement between a surrogate parent and 2 
     prospective parents, if--
       (A) the 2 prospective parents are legally married; or
       (B) at least 1 prospective parent is a citizen or lawful 
     permanent resident of the United States.
       (c) Commercial Facilitation of Foreign Surrogacy 
     Prohibited; Penalty.--A surrogacy broker who knowingly or 
     recklessly induces, arranges, procures, facilitates, or 
     otherwise assists in the formation or execution of a 
     surrogacy agreement that is void and unenforceable under 
     subsection (b) shall be fined under title 18, United States 
     Code, imprisoned for not more than 1 year, or both.
       (d) 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 subsection (b) shall be decided based on 
     a determination of the best interests of the child under the 
     law of the State where the surrogate parent resides, with no 
     effect given to the surrogacy agreement or any other 
     purported agreement, contract, or understanding concerning 
     the custody of the child.
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