The SAFE KIDS Act would prohibit citizens and permanent residents of countries designated as "foreign entities of concern" from entering into or enforcing commercial surrogacy contracts with U.S.-based surrogate mothers. The bill would make such contracts void and unenforceable, with an exception for married couples where at least one spouse is a U.S. citizen or lawful permanent resident. Surrogacy brokers who knowingly facilitate these prohibited agreements would face criminal penalties of up to one year in prison and fines. If a voided surrogacy contract results in a child's birth, custody would be determined solely by the laws of the state where the surrogate mother resides based on the child's best interests, with no weight given to the original surrogacy agreement. The bill stems from concerns that foreign nationals are exploiting U.S. surrogacy laws to gain citizenship for their children or to facilitate human trafficking.
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