I 
119TH CONGRESS 
2D SESSION 
H. R. 7293 
To prohibit covered sex offenders from obtaining children through surrogacy, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 30, 2026 
Ms. MACE introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To prohibit covered sex offenders from obtaining children 
through surrogacy, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Children 
in Surrogacy Act’’. 
SEC. 2. PROHIBITION ON SEX OFFENDERS OBTAINING A 
CHILD THROUGH SURROGACY. 
Chapter 110 of title 18, United States Code, is 
amended by adding at the end the following: 
VerDate Sep 11 2014 
01:06 Feb 04, 2026
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7293.IH
H7293
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘§ 2260B. Prohibition on sex offenders obtaining a 
child through surrogacy 
‘‘(a) IN GENERAL.—Whoever, in a circumstance de-
scribed in subsection (b), being a covered sex offender, 
knowingly obtains a child through surrogacy or enters into 
a surrogacy contract as an intended parent shall be fined 
under this title, imprisoned not more than 10 years, or 
both. 
‘‘(b) CIRCUMSTANCES DESCRIBED.—For the pur-
poses of subsection (a), the circumstances described in this 
subsection are that— 
‘‘(1) the intended parent, surrogate mother, or 
child traveled in interstate or foreign commerce, or 
traveled using a means, channel, facility, or instru-
mentality of interstate or foreign commerce, in fur-
therance of or in connection with the conduct de-
scribed in subsection (a); 
‘‘(2) the intended parent used a means, chan-
nel, facility, or instrumentality of interstate or for-
eign commerce in furtherance of or in connection 
with the conduct described in subsection (a); 
‘‘(3) any payment of any kind was made, di-
rectly or indirectly, in furtherance of or in connec-
tion with the conduct described in subsection (a) 
using any means, channel, facility, or instrumen-
VerDate Sep 11 2014 
01:06 Feb 04, 2026
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7293.IH
H7293
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tality of interstate or foreign commerce or in or af-
fecting interstate or foreign commerce; 
‘‘(4) the intended parent transmitted in inter-
state or foreign commerce any communication relat-
ing to or in furtherance of the conduct described in 
subsection (a) using any means, channel, facility, or 
instrumentality of interstate or foreign commerce or 
in or affecting interstate or foreign commerce by any 
means or in any manner, including by computer, 
mail, wire, or electromagnetic transmission; 
‘‘(5) any equipment, item, or other object that 
has traveled in interstate or foreign commerce was 
used to perform the conduct described in subsection 
(a); 
‘‘(6) the conduct described in subsection (a) oc-
curred within the special maritime and territorial ju-
risdiction of the United States, or any territory or 
possession of the United States; or 
‘‘(7) the conduct described in subsection (a) 
otherwise occurred in or affected interstate or for-
eign commerce. 
‘‘(c) NONENFORCEMENT.—A Federal court may not 
enforce any surrogacy contract in which an intended par-
ent of a child is a covered sex offender. 
‘‘(d) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
01:06 Feb 04, 2026
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7293.IH
H7293
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(1) The term ‘covered sex offender’ means a 
sex offender who is, or at any time was, required to 
register on the National Sex Offender Registry 
under section 113 of the Adam Walsh Child Protec-
tion and Safety Act of 2006 (34 U.S.C. 20913). 
‘‘(2) The term ‘obtain’ means to acquire legal 
or physical custody, guardianship, or parental rights 
over a child, through surrogacy, a surrogacy con-
tract, or any other formal or informal mechanism. 
‘‘(3) The term ‘child’ means an individual who 
has not attained 18 years of age. 
‘‘(4) The term ‘surrogacy’ means an arrange-
ment or agreement whereby a surrogate mother 
agrees to conceive and bear a child for the purpose 
of transferring custody or parental rights to one or 
more intended parent upon or after the birth of the 
child. 
‘‘(5) The term ‘surrogacy contract’ means a 
contract setting forth the terms and conditions for 
the conception and birth of a child to a surrogate 
mother with the intent of all parties being that such 
child shall enter into the permanent custody of one 
or more intended parent. 
‘‘(6) The term ‘intended parent’ means any in-
dividual who is a party to a surrogacy contract and 
VerDate Sep 11 2014 
01:06 Feb 04, 2026
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7293.IH
H7293
kjohnson on DSK7ZCZBW3PROD with $$_JOB
who is the party who will take permanent custody of 
a child born pursuant to such contract. 
‘‘(7) The term ‘surrogate mother’ means a fe-
male who is a party to a surrogacy contract and who 
is the party who will bear the child pursuant to such 
contract. 
‘‘(8) The term ‘female’ means an individual who 
has, had, will have, or would have, but for a develop-
mental or genetic anomaly or historical accident, a 
reproductive system that at some point produces, 
transports, and utilizes eggs for fertilization.’’. 
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 fol-
lowing: 
‘‘§ 1370. Surrogacy contracts 
‘‘(a) JURISDICTION.—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 5 of the Protecting Children in 
Surrogacy Act) in a circumstance described in section 2(b) 
of such Act. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘child’ means an individual who 
has not attained 18 years of age. 
VerDate Sep 11 2014 
01:06 Feb 04, 2026
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7293.IH
H7293
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(2) The term ‘surrogacy’ means an arrange-
ment or agreement whereby a surrogate mother 
agrees to conceive and bear a child for the purpose 
of transferring custody or parental rights to one or 
more intended parent upon or after the birth of the 
child. 
‘‘(3) The term ‘surrogacy contract’ means a 
contract setting forth the terms and conditions for 
the conception and birth of a child to a surrogate 
mother with the intent of all parties being that such 
child shall enter into the permanent custody of one 
or more intended parent. 
‘‘(4) The term ‘intended parent’ means any in-
dividual who is a party to a surrogacy contract and 
who is the party who will take permanent custody of 
a child born pursuant to such contract. 
‘‘(5) The term ‘surrogate mother’ means a fe-
male who is a party to a surrogacy contract and who 
is the party who will bear the child pursuant to such 
contract. 
‘‘(6) The term ‘female’ means an individual who 
has, had, will have, or would have, but for a develop-
mental or genetic anomaly or historical accident, a 
reproductive system that at some point produces, 
transports, and utilizes eggs for fertilization.’’. 
VerDate Sep 11 2014 
01:06 Feb 04, 2026
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7293.IH
H7293
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(b) CLERICAL AMENDMENT.—The table of sections 
for such chapter is amended by adding at the end the fol-
lowing: 
‘‘1370. Surrogacy contracts.’’. 
Æ 
VerDate Sep 11 2014 
01:06 Feb 04, 2026
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H7293.IH
H7293
kjohnson on DSK7ZCZBW3PROD with $$_JOB