Protecting Kids from Creeps (H.R. 9131)

Summary

Makes it a federal crime for a sex offender to use a surrogacy service to have a child and sets harsh prison sentences for any person or agency that helps.

What problem does this solve?

Current laws may not prevent convicted sex offenders from using surrogacy to have a child, creating a potential risk. This bill closes that loophole by making such agreements illegal and unenforceable, with strong penalties for those involved.

What does this bill do?

Prohibits sex offenders from using surrogacy

Makes it a federal crime for a person required to register as a sex offender to knowingly enter into a surrogacy agreement. The penalty is a fine and at least 20 years in prison.

Penalizes surrogacy agencies and employees

Fines and imprisons agencies that knowingly (20+ years) or recklessly (10+ years) help a sex offender. Employees who knowingly help face at least 20 years in prison.

Voids illegal surrogacy agreements

States that any surrogacy agreement involving a sex offender is void and cannot be enforced. Custody of the child will be decided based on the child's best interests under state law.

Removes tax-exempt status

Strips any surrogacy agency convicted under this law of its 501(c)(3) tax-exempt status, meaning it can no longer operate as a nonprofit charity.

Bans federal funding

Makes any surrogacy agency convicted of this offense ineligible to receive any federal grants or funding.

Allows for civil penalties

Gives the Attorney General the power to sue anyone who violates this law for a civil penalty equal to the amount of money they received or offered for the illegal service.

Who does this affect?

Sex offenders
Surrogacy agencies
Prospective parents using surrogacy

What is the real world impact?

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Protects children from potential harm

Prevents individuals with a history of sexual offenses from using surrogacy to gain custody of a child, aiming to ensure the child's safety and well-being.

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Introduces federal oversight into surrogacy

Creates new federal crimes and penalties in the area of surrogacy, which has traditionally been regulated by states. This could be a step toward broader federal control over assisted reproductive technologies.

When does this start?

This bill would take effect as soon as it is signed into law.