The Preventing International Surrogacy Exploitation Act would ban surrogacy contracts between foreign nationals and U.S.-based surrogate mothers, making such agreements void and unenforceable. The bill applies to any surrogacy arrangement where the prospective parent is a foreign national, with a narrow exception for legally married couples where at least one spouse is a U.S. citizen or permanent resident. Surrogacy brokers who knowingly or recklessly facilitate prohibited international surrogacy agreements would face criminal penalties of up to 10 years in prison and fines. When a prohibited surrogacy contract is voided, custody of the child would be determined based on the child's best interests under state law rather than the surrogacy agreement, and foreign national parents would be ineligible for any immigration benefits based on having a U.S. citizen child. The legislation would take effect upon enactment with no retroactive application.
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