Each year, many families from around the world come to the United States to pursue surrogacy. They often choose the U.S. because of its advanced medical care, established legal systems, and experienced professionals who guide families through the process.

Understanding the Proposed Legislation and What It May Mean for International Surrogacy

A new federal bill called the SAFE KIDS Act (Stopping Adversarial Foreign Exploitation of Kids in Domestic Surrogacy) may affect some of these arrangements. Senator Rick Scott introduced the bill in the U.S. Senate.

The proposal focuses on surrogacy agreements involving citizens from countries the United States officially designates as foreign adversaries. Supporters say the legislation aims to prevent possible exploitation of American surrogates and newborns. Critics worry that it could create complications for intended parents and the surrogacy industry.

As Congress begins reviewing the proposal, professionals in reproductive medicine and surrogacy are watching closely to understand how it could affect international surrogacy in the United States.

What Is the SAFE KIDS Act?

The SAFE KIDS Act proposes federal restrictions on certain commercial surrogacy agreements involving citizens from countries the U.S. government classifies as foreign adversaries. The federal government maintains an official list of these countries for national security purposes.

Supporters of the bill believe some individuals may use surrogacy in the United States to obtain citizenship for children born here. They argue that the government should address these concerns through clearer regulations.

After its introduction in the Senate, lawmakers sent the bill to the Judiciary Committee. The committee will review the proposal and determine whether it should move forward in the legislative process.

Why Lawmakers Introduced the Bill

Supporters of the legislation say they want to close possible gaps in oversight related to international surrogacy arrangements. They believe certain situations could expose surrogates or newborns to exploitation or misuse of immigration laws.

At the same time, many professionals in the surrogacy and reproductive medicine fields emphasize that surrogacy in the United States already includes multiple safeguards. Clinics, attorneys, and agencies work together to ensure that arrangements follow medical, ethical, and legal standards.

Key Provisions of the SAFE KIDS Act

The proposed legislation outlines several provisions that could affect international surrogacy arrangements.

First, the bill would invalidate commercial surrogacy agreements involving citizens from countries designated as foreign adversaries. If the legislation becomes law, those agreements could be considered legally void.

Second, the proposal introduces misdemeanor penalties for brokers or intermediaries who knowingly help arrange prohibited surrogacy agreements. A misdemeanor offense can involve fines and, in some cases, possible jail time. The bill focuses on brokers or facilitators rather than the surrogate herself.

Finally, the proposal explains how courts should handle custody decisions if a surrogacy agreement becomes invalid. In those situations, state courts would decide custody according to the laws of the state where the surrogate lives. Judges would focus on the best interests of the child, which typically includes factors such as safety, stability, and long-term well-being.

Possible Effects on the Surrogacy Industry

If Congress passes the SAFE KIDS Act in its current form, the law could affect some international surrogacy arrangements in the United States. Agencies may need to review how they screen international intended parents and ensure compliance with any new federal rules.

Some experts believe the bill may create uncertainty for intended parents from certain countries. Others question how the law would be enforced in practice and whether it would fully address the concerns it aims to solve.

Because the legislation is still under review, many of these questions remain unanswered.

What Intended Parents and Surrogates Should Know

At this stage, the SAFE KIDS Act remains a proposed bill. Congress has not passed it into law.

Federal legislation typically moves through several steps before becoming law. These steps include committee review, possible amendments, votes in both chambers of Congress, and final approval by the president. During this process, lawmakers often revise the language of the bill.

For now, surrogacy programs in the United States continue to operate under current state and federal laws.

If you are an intended parent considering surrogacy, or if you are thinking about becoming a surrogate, it is important to work with experienced professionals. Reputable surrogacy agencies and attorneys can help you understand the legal process and stay informed about possible changes to the law.

Ethical Surrogacy and Responsible Guidance

Responsible surrogacy programs focus on protecting everyone involved in the process. These programs typically include medical screening through licensed IVF clinics, psychological evaluations for both the surrogate and intended parents, and independent legal representation for each party. Financial arrangements are usually managed through escrow accounts to ensure transparency and accountability.

Organizations such as Heart of Surrogacy follow these practices to support safe and ethical surrogacy journeys. Careful screening, professional guidance, and clear communication help ensure that the process respects the well-being of the surrogate, the intended parents, and the child.

The SAFE KIDS Act has started an important national conversation about international surrogacy and how it should be regulated. While lawmakers review the proposal, many professionals in the surrogacy field emphasize the importance of balanced policies that protect children, surrogates, and intended parents.

Anyone considering surrogacy should stay informed about changes in legislation and work with knowledgeable professionals who understand both the medical and legal aspects of the process. With the right guidance, families can navigate the surrogacy journey safely and responsibly.

Check the Status of the bill:3101 – SAFE KIDS Act: S.3101 – 119th Congress (2025-2026): SAFE KIDS Act | Congress.gov | Library of Congress