Text of US HB 8985 (2024)

I 118TH CONGRESS 2D SESSION H. R. 8985 To provide for certain conditions on the enforcement of surrogacy contracts. IN THE HOUSE OF REPRESENTATIVES JULY 10, 2024 Mr. OGLES (for himself, Mr. GOSAR, Mr. PENCE, Mr. SELF, Mr. BIGGS, Mrs. MILLER of Illinois, Mr. PALMER, Mr. DUNCAN, Mr. LAMBORN, Mr. STEUBE, Mr. MOORE of Alabama, Mr. MOONEY, and Ms. BOEBERT) in- troduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for certain conditions on the enforcement of surrogacy contracts. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preventing Forced 4 Abortions Act of 2024’’. 5 SEC. 2. IN GENERAL. 6 A Federal court— 7 (1) may not enforce any provision in a 8 surrogacy contract that requires the surrogate moth- 9 VerDate Sep 11 2014 07:09 Aug 14, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8985.IH H8985 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 8985 IH er to have an abortion at the request of any in- 1 tended parent, party to a surrogacy contract, or 2 agent of any party to a surrogacy contract; and 3 (2) shall enforce any clause requiring the pay- 4 ment of a surrogate mother of any compensation 5 agreed to in a surrogacy contract, notwithstanding 6 any provision that requires the surrogate mother to 7 have an abortion at the request of any intended par- 8 ent, party to a surrogacy contract, or agent of any 9 party to a surrogacy contract, including any provi- 10 sion providing for— 11 (A) liquidated damages based on a refusal 12 to get an abortion; 13 (B) reduction of payment based on a re- 14 fusal to get an abortion; or 15 (C) otherwise requiring the surrogate 16 mother to have an abortion at the request of 17 any party or agent of any party to a surrogacy 18 contract. 19 SEC. 3. JURISDICTION OF THE COURTS. 20 (a) IN GENERAL.—Chapter 85 of title 28, United 21 States Code, is amended by adding at the end the fol- 22 lowing: 23 VerDate Sep 11 2014 07:09 Aug 14, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8985.IH H8985 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 8985 IH ‘‘§ 1370. Surrogacy contracts 1 ‘‘The district courts shall have original jurisdiction 2 of all civil actions where the matter in controversy is a 3 surrogacy contract (as such term is defined in section 4 4 of the Preventing Forced Abortions Act of 2024) in or 5 affecting interstate or foreign commerce.’’. 6 (b) CLERICAL AMENDMENT.—The table of sections 7 for such chapter is amended by adding at the end the fol- 8 lowing: 9 ‘‘1370. Surrogacy contracts.’’. SEC. 4. DEFINITIONS. 10 In this Act: 11 (1) The term ‘‘intended parent’’ means any in- 12 dividual who is a party to a surrogacy contract and 13 who is the party who will take permanent custody of 14 a child born pursuant to such contract. 15 (2) The term ‘‘surrogacy contract’’ means an 16 agreement setting forth the terms and conditions for 17 the conception and birth of a child to a female with 18 the intent of all parties being that such child shall 19 immediately thereafter enter into the permanent cus- 20 tody of another individual. 21 (3) The term ‘‘surrogate mother’’ means a fe- 22 male who is a party to a surrogacy contract and who 23 is the party who will bear the child pursuant to such 24 contract. 25 VerDate Sep 11 2014 07:09 Aug 14, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8985.IH H8985 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 8985 IH (4) The term ‘‘female’’ means an individual who 1 has, had, will have, or would have, but for a develop- 2 mental or genetic anomaly or historical accident, a 3 reproductive system that at some point produces, 4 transports, and utilizes eggs for fertilization. 5 (5) The term ‘‘abortion’’ means the use or pre- 6 scription of any instrument, medicine, drug, or any 7 other substance or device— 8 (A) to intentionally kill the unborn child of 9 a woman known to be pregnant; or 10 (B) to intentionally terminate the preg- 11 nancy of a woman known to be pregnant, with 12 an intention other than— 13 (i) after viability to produce a live 14 birth and preserve the life and health of 15 the child born alive; or 16 (ii) to remove a dead unborn child. 17 Æ VerDate Sep 11 2014 07:09 Aug 14, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8985.IH H8985 kjohnson on DSK7ZCZBW3PROD with $$_JOB