House Republicans introduced two pieces of legislation on Thursday designed to establish new federal guardrails for surrogacy arrangements, citing concerns over child protection and the lack of consistent oversight compared to adoption processes. Representative Scott Perry (R-PA) spearheaded the initiative, presenting the "Protecting Kids from Creeps Act" and the "Preventing International Surrogacy Exploitation Act" to the House. These bills propose new restrictions on who can access surrogacy services and aim to impose penalties on agencies that fail to comply with the proposed standards.
"Our children are our future, they deserve to be protected. This is the type of bill—there ought to be very little discussion." — Rep. Tim Burchett, R-TN
The "Protecting Kids from Creeps Act" specifically seeks to prohibit surrogacy agencies from engaging with individuals who are registered sex offenders. Representative Perry highlighted a perceived disparity in current federal law, noting that while sex offenders are generally barred from adopting children, similar prohibitions do not consistently apply to surrogacy arrangements. In many surrogacy cases, intended parents are recognized as legal parents at birth, potentially bypassing the rigorous screening typically associated with adoption. Perry underscored the absence of uniform screening requirements across states for surrogacy, a contrast to the more standardized checks mandated in adoption cases.
"There is a lack of legal guardrails in many states that allow sex offenders to obtain, legally, children via surrogacy, regardless of their criminal history," Perry stated. He further warned, "Without reform, babies and children are in danger of abuse, exploitation, trafficking, and all the worst things and horrific things you can think of."
The second bill, the "Preventing International Surrogacy Exploitation Act," addresses cross-border surrogacy arrangements. This measure aims to prevent foreign nationals from utilizing U.S.-based surrogacy services to obtain children. Perry and other proponents of the bill argue that such international arrangements raise significant concerns related to immigration enforcement and the potential commercialization and exploitation inherent in child-bearing services. Perry cited specific instances he believes illustrate the vulnerability of the current system, including allegations involving Chinese executive Wang Huiwu and a separate case linked to a California surrogacy agency reportedly associated with large-scale requests for children. He also pointed to several countries that have already moved to restrict or outright ban international commercial surrogacy, suggesting that the United States risks becoming an outlier if it does not adopt clearer federal standards governing access to these services and their conditions.
The proposed legislation has garnered support from fellow Republican lawmakers, including Representatives Randy Fine (R-FL) and Tim Burchett (R-TN), who have echoed the call for stricter regulations and enhanced oversight within the surrogacy industry. Representative Fine characterized surrogacy in moral terms, describing it as a "holy procedure." Representative Burchett emphasized the paramount importance of safeguarding children, asserting that this issue should transcend political divisions. "Our children are our future, they deserve to be protected," Burchett said. "This is the type of bill—there ought to be very little discussion."
The introduction of these bills reflects a broader strategic effort by Republicans to integrate surrogacy into a comprehensive policy framework that also encompasses adoption standards, reproductive ethics, and ongoing debates surrounding parental rights. Surrogacy, which intersects with family law, immigration policy, and reproductive technology, is increasingly being framed by GOP lawmakers as a component of a larger push to define federal boundaries regarding modern family formation and eligibility for parenthood.
The legislative journey for these bills will likely begin with review by the House Judiciary Committee. This stage is expected to critically examine jurisdictional questions and the practical challenges inherent in applying uniform federal standards to an industry that is rapidly expanding and currently regulated unevenly across different states. The committee's deliberations will determine whether the Republican framing of surrogacy primarily as a child-protection issue can effectively translate into enforceable federal policy within the complex and fragmented regulatory landscape.
