SAFE KIDS Act

Protection against exploitation: The bill seeks to prevent the exploitation of women in the United States by foreign entities of concern (Section 2(a)(1) and 2(b)(1)).

National Security: The Act addresses what Congress finds to be an acute national security threat regarding international surrogacy (Section 2(a)(3)).

Combatting Human Trafficking: The legislation aims to prevent the use of surrogacy to facilitate human trafficking (Section 2(a)(3)).

Clear Custody Standards: For children born under void agreements, legal custody will be decided based on the best interests of the child under the law of the state where the surrogate resides, rather than the unenforceable contract (Section 6).

Invalidation of Contracts: Surrogacy agreements between US-based surrogate parents and prospective parents who are citizens or permanent residents of a foreign entity of concern will be considered void and unenforceable (Section 4(a)(1)).

Criminal Penalties for Brokers: Surrogacy brokers who knowingly or recklessly assist in the formation of these void agreements could face fines or up to one year in prison (Section 5).

Loss of Contractual Rights in Custody: In cases where an agreement is voided, the law dictates that no effect is given to the surrogacy agreement or any other purported contract concerning the custody of the child (Section 6).