I 
119TH CONGRESS 
2D SESSION 
H. R. 7040 
To prevent citizens of foreign adversarial nations from entering into or 
enforcing surrogacy contracts in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 13, 2026 
Mr. MOORE of Utah (for himself, Mr. MOOLENAAR, Mrs. KIGGANS of Virginia, 
Mr. ADERHOLT, Mr. DUNN of Florida, Mr. MORAN, Mr. GOSAR, Mrs. 
HARSHBARGER, Mr. MCCORMICK, Mr. RULLI, Mr. MCDOWELL, Mr. 
KENNEDY of Utah, Mr. MCGUIRE, Mr. SESSIONS, Mr. SHREVE, Mr. 
ROSE, and Mr. OWENS) introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To prevent citizens of foreign adversarial nations from enter-
ing into or enforcing surrogacy contracts in the United 
States. 
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 ‘‘Stopping Adversarial 
Foreign Exploitation of Kids In Domestic Surrogacy Act’’ 
or the ‘‘SAFE KIDS Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
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(1) Citizens of foreign entities of concern are 
exploiting commercial surrogacy laws in the United 
States. 
(2) Many developed countries ban international 
commercial surrogacy altogether. The United States, 
however, presently allows even citizens of foreign en-
tities of concern to solicit and pay financially dis-
tressed Americans to give birth to their children in 
the United States and then send these infants 
abroad. 
(3) This presents an acute national security 
threat, and recent events in Arcadia, California re-
veal that surrogacy is even being used to facilitate 
human trafficking. 
(b) PURPOSES.—This Act— 
(1) acknowledges that foreign persons (includ-
ing nationals of foreign entities of concern) are 
abusing surrogacy agreements to exploit women in 
the United States and to obtain United States citi-
zenship for their children; 
(2) invalidates surrogate parentage contracts 
between prospective parents from foreign entities of 
concern and a surrogate mother in the United 
States; and 
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(3) imposes criminal penalties on surrogacy 
brokers who commercially facilitate such invalid 
agreements. 
SEC. 3. DEFINITIONS. 
In this Act: 
(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 ‘‘pro-
spective 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 ar-
rangement, 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 re-
linquish all parental rights and responsibilities 
to the prospective parent or parents. 
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(B) PRESUMPTION.—With respect to a 
contract, agreement, or arrangement, without 
regard to whether it is oral or written or is di-
rect or brokered, under which a surrogate par-
ent agrees to become pregnant and give birth to 
a child that does not expressly addressing pa-
rental or custodial rights, there shall be a pre-
sumption that the surrogate parent has agreed 
to relinquish her parental or custodial rights, 
and that the contract, agreement, or arrange-
ment is a surrogacy agreement, if the contract, 
agreement, or arrangement is with a prospec-
tive parent who is a citizen or permanent resi-
dent of a foreign entity of concern. 
(4) 
SURROGACY
BROKER.—The 
term 
‘‘surrogacy broker’’ means any individual or entity 
that induces, arranges, procures, facilitates, or oth-
erwise assists in the formation or execution of a 
surrogacy agreement. 
(5) SURROGATE
PARENT.—The term ‘‘surro-
gate 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. 
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SEC. 4. CERTAIN INTERNATIONAL SURROGATE PARENT-
AGE CONTRACTS VOID AND UNENFORCE-
ABLE. 
(a) IN GENERAL.—Subject to subsection (b), 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— 
(1) a prospective parent who is a citizen or per-
manent resident of a foreign entity of concern; or 
(2) 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. 
(b) EXCEPTION.—Subsection (a) shall not invalidate 
a surrogacy agreement between a surrogate parent and 
2 prospective parents, if— 
(1) the 2 prospective parents are legally mar-
ried; and 
(2) at least 1 prospective parent is a citizen or 
lawful permanent resident of the United States. 
SEC. 
5. 
COMMERCIAL 
FACILITATION 
OF 
FOREIGN 
SURROGACY PROHIBITED; PENALTY. 
A surrogacy broker who knowingly or recklessly in-
duces, arranges, procures, facilitates, or otherwise assists 
in the formation or execution of a surrogacy agreement 
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