Stopping Adversarial Foreign Exploitation of Kids In Domestic Surrogacy Act; SAFE KIDS Act
Summary
The SAFE KIDS Act aims to prevent citizens of foreign adversarial nations from entering into or enforcing surrogacy contracts within the United States. It seeks to invalidate surrogacy agreements between prospective parents from these nations and surrogate mothers in the U.S. The bill also imposes criminal penalties on surrogacy brokers who facilitate such agreements.
Expected Effects
If enacted, the bill would void and render unenforceable surrogacy agreements involving citizens or permanent residents of 'foreign entities of concern.' It would also subject surrogacy brokers facilitating these agreements to potential fines and imprisonment. Custody of children born from invalidated agreements would be determined based on the best interests of the child under state law, disregarding the surrogacy agreement.
Potential Benefits
- Strengthened national security by preventing potential exploitation of surrogacy for illicit purposes.
- Protection of vulnerable women from potential exploitation by foreign nationals.
- Reduced risk of human trafficking related to surrogacy.
- Reinforcement of state laws regarding child custody in cases where surrogacy agreements are deemed unenforceable.
- Addresses a perceived loophole in current laws regarding international commercial surrogacy.
Most Benefited Areas:
Potential Disadvantages
- Potential for discrimination against individuals from specific foreign nations.
- Could limit reproductive options for individuals from 'foreign entities of concern' seeking surrogacy services.
- May create legal complexities and uncertainties regarding the status of children born through surrogacy agreements that are later invalidated.
- Could negatively impact the surrogacy industry and related medical services.
- Potential for unintended consequences related to custody determinations and parental rights.
Constitutional Alignment
The bill's constitutionality could be challenged under the Equal Protection Clause of the Fourteenth Amendment, as it potentially discriminates based on national origin. However, the government could argue that the law is necessary for national security, invoking the Necessary and Proper Clause (Article I, Section 8) to justify the regulation of international surrogacy. The bill also touches on issues of family law, which are traditionally reserved to the states, raising federalism concerns.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).