S.Amdt. 6602

SA 6602. Mr. SCOTT of Florida submitted an amendment intended to be
proposed by him to the bill S. 4784, to authorize appropriations for
fiscal year 2027 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. PREVENT CITIZENS OF FOREIGN ADVERSARIAL NATIONS FROM
ENTERING INTO OR ENFORCING SURROGACY CONTRACTS
IN THE UNITED STATES.

(a) Definitions.--In this section:
(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 ``prospective 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 arrangement, 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 relinquish all parental rights and responsibilities to the
prospective parent or parents.
(B) Presumption.--With respect to a contract, agreement, or
arrangement, without regard to whether it is oral or written
or is direct or brokered, under which a surrogate parent
agrees to become pregnant and give birth to a child that does
not expressly address parental or custodial rights, there
shall be a presumption that the surrogate parent has agreed
to relinquish her parental or custodial rights, and that the
contract, agreement, or arrangement is a surrogacy agreement,
if the contract, agreement, or arrangement is with a
prospective parent who is a citizen or permanent resident of
a foreign entity of concern.
(4) Surrogacy broker.--The term ``surrogacy broker''--
(A) means any individual or entity that induces, arranges,
procures, facilitates, or otherwise assists in the formation
or execution of a surrogacy agreement; and
(B) does not include an individual or entity serving as
bona fide legal counsel to a prospective parent or a
surrogate parent.
(5) Surrogate parent.--The term ``surrogate 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.
(b) Certain International Surrogate Parentage Contracts
Void and Unenforceable.--
(1) In general.--Subject to paragraph (2), 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--
(A) a prospective parent who is a citizen or permanent
resident of a foreign entity of concern; or
(B) 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.
(2) Exception.--Paragraph (1) shall not invalidate a
surrogacy agreement between a surrogate parent and 2
prospective parents, if--
(A) the 2 prospective parents are legally married; or
(B) at least 1 prospective parent is a citizen or lawful
permanent resident of the United States.
(c) Commercial Facilitation of Foreign Surrogacy
Prohibited; Penalty.--A surrogacy broker who knowingly or
recklessly induces, arranges, procures, facilitates, or
otherwise assists in the formation or execution of a
surrogacy agreement that is void and unenforceable under
subsection (b) shall be fined under title 18, United States
Code, imprisoned for not more than 1 year, or both.
(d) Custody of Child When International Surrogate Parentage
Contracts Are Void and Unenforceable.--Legal custody of a
child born pursuant to a surrogacy agreement that is void and
unenforceable under subsection (b) shall be decided based on
a determination of the best interests of the child under the
law of the State where the surrogate parent resides, with no
effect given to the surrogacy agreement or any other
purported agreement, contract, or understanding concerning
the custody of the child.
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