Congress mandates surrogate payment—but expands abortion definition broadly

What it does

This bill prohibits federal courts from enforcing surrogacy contract clauses that require a surrogate mother to have an abortion, and mandates that courts enforce payment obligations to surrogates even if they refuse abortion. It creates federal jurisdiction over surrogacy disputes and defines key terms including a broad definition of abortion that covers pregnancy termination.

Why we flagged it

The bill's operative mechanism is a federal prohibition on enforcing abortion-requiring clauses in surrogacy contracts and a mandate to enforce payment. While framed as protecting surrogates from coercion, the bill also establishes federal jurisdiction and uses a notably expansive definition of abortion that extends beyond the stated surrogacy context.

What the text implies

• The broad definition of 'abortion' in Section 4(1) extends beyond surrogacy and may have unintended consequences for other federal statutes, regulations, or litigation involving pregnancy termination, potentially affecting healthcare access in non-surrogacy contexts.
• The definition of 'female' based on reproductive capacity (Section 4(2) — 'would have, but for a developmental or genetic anomaly') may create ambiguity in application and could affect transgender individuals, intersex individuals, or those with reproductive conditions in ways not explicitly addressed.
• Federal jurisdiction over all surrogacy contracts 'in or affecting interstate or foreign commerce' (Section 3) is extremely broad and may pull routine state-law surrogacy disputes into federal court, creating a new federal cause of action where none existed.
• The bill mandates enforcement of payment 'notwithstanding any provision' requiring abortion, but does not address what happens if a surrogate's refusal to abort materially changes the intended parents' circumstances or if other contract terms become impossible to perform.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

The bill protects surrogates from being forced to abort pregnancies against their will and ensures they receive agreed compensation regardless—a real protection for a vulnerable party in an unequal contract. However, the bill's broad abortion definition and federal enforcement mechanism may restrict access to reproductive care in surrogacy contexts, and the definition of 'female' based on reproductive capacity raises questions about scope and application beyond the stated purpose.

Who stands to gain

• Surrogate mothers (payment protection)
• Fertility clinics and surrogacy brokers (increased federal litigation and contract clarity)

Named in the bill

Federal courts, Surrogate mothers, Intended parents, Fertility industry, 28 USC Chapter 85

Where it stands

13 cosponsors: 13 Republicans.

• Jul 22, 2026 — Introduced · Congress.gov: “Introduced in House”
• Jul 22, 2026 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.