S.Amdt. 6602

This amendment, submitted by Mr. Scott of Florida, aims to stop citizens or permanent residents of foreign entities of concern from entering into or enforcing surrogacy contracts in the United States.

The amendment seeks to add a section to bill S. 4784 that makes surrogacy agreements void and unenforceable if the agreement is between a surrogate parent (who is a U.S. citizen, lawful permanent resident, or in the U.S. at the time of birth) and a prospective parent or surrogacy broker from a foreign entity of concern.

Key points include:

• Exceptions: The agreement remains valid if the two prospective parents are legally married or if at least one prospective parent is a U.S. citizen or lawful permanent resident.

• Penalties: Surrogacy brokers who knowingly or recklessly help facilitate these void agreements can be fined, imprisoned for up to 1 year, or both.

• Child Custody: For children born under these void agreements, legal custody will be decided based on the best interests of the child according to the law of the state where the surrogate parent lives, ignoring any prior surrogacy agreements.