H.R. 9868 – Preventing Forced Abortions Act of 2026

AI-Generated Summary

Updated July 29, 2026 at 11:51 AM UTC

The Preventing Forced Abortions Act of 2026 seeks to stop any court from enforcing clauses in surrogacy contracts that compel a surrogate to have an abortion. It ensures that surrogates are still paid as agreed, regardless of any abortion-related provisions, and places surrogacy contract disputes under the jurisdiction of federal district courts. The law applies to all parties involved in surrogacy agreements, including surrogate mothers and intended parents.

Key Provisions

Federal courts may not enforce any part of a surrogacy contract that forces a surrogate mother to have an abortion at the request of an intended parent, any party to the contract, or their agents.
Courts must still enforce any payment provision to the surrogate mother, even if the contract also contains an abortion requirement; they cannot reduce payment, impose liquidated damages, or otherwise penalize a surrogate for refusing an abortion.
U.S. district courts are given original jurisdiction over civil lawsuits involving surrogacy contracts that affect interstate or foreign commerce.
The bill defines key terms such as “abortion,” “female,” “intended parent,” “surrogacy contract,” and “surrogate mother” to clarify the scope of the rules.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

July 22, 2026

View full timeline

HouseIntro Referral

Introduced in House

July 22, 2026

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

July 22, 2026

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in HouseIssued July 22, 2026

I

119th CONGRESS

2d Session

H. R. 9868

IN THE HOUSE OF REPRESENTATIVES

July 22, 2026

Mr. Ogles (for himself, Mrs. Miller of Illinois, Mr. Self, Ms. Boebert, Mrs. Biggs of South Carolina, and Mr. Brecheen) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide for certain conditions on the enforcement of surrogacy contracts.

1.

Short title

This Act may be cited as the Preventing Forced Abortions Act of 2026.

2.

In general

A Federal court—

(1)

may not enforce any provision in a surrogacy contract that requires the surrogate mother to have an abortion at the request of any intended parent, party to a surrogacy contract, or agent of any party to a surrogacy contract; and

(2)

shall enforce any clause requiring the payment of a surrogate mother of any compensation agreed to in a surrogacy contract, notwithstanding any provision that requires the surrogate mother to have an abortion at the request of any intended parent, party to a surrogacy contract, or agent of any party to a surrogacy contract, including any provision providing for—

(A)

liquidated damages based on a refusal to get an abortion;

(B)

reduction of payment based on a refusal to get an abortion; or

(C)

otherwise requiring the surrogate mother to have an abortion at the request of any party or agent of any party to a surrogacy contract.

3.

Jurisdiction of the courts

(a)

In general

Chapter 85 of title 28, United States Code, is amended by adding at the end the following:

1370.

Surrogacy contracts

The district courts shall have original jurisdiction of all civil actions where the matter in controversy is a surrogacy contract (as such term is defined in section 4 of the Preventing Forced Abortions Act of 2026) in or affecting interstate or foreign commerce.

.

(b)

Clerical amendment

The table of sections for such chapter is amended by adding at the end the following:

1370. Surrogacy contracts.

.

4.

Definitions

In this Act:

(1)

Abortion

The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—

(A)

to intentionally kill the unborn child of a woman known to be pregnant; or

(B)

to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—

(i)

after viability to produce a live birth and preserve the life and health of the child born alive; or

(ii)

to remove a dead unborn child.

(2)

Female

The term female means an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, a reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

(3)

Intended parent

The term intended parent means any individual who is a party to a surrogacy contract and who is the party who will take permanent custody of a child born pursuant to such contract.

(4)

Surrogacy contract

The term surrogacy contract means an agreement setting forth the terms and conditions for the conception and birth of a child to a female with the intent of all parties being that such child shall immediately thereafter enter into the permanent custody of another individual.

(5)

Surrogate mother

The term surrogate mother means a female who is a party to a surrogacy contract and who is the party who will bear the child pursuant to such contract.