HR 9868

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IN THE HOUSE OF REPRESENTATIVES

July 22, 2026

Mr. Ogles (for himself, Mrs. Miller of Illinois, Mr. Self, Ms. Boebert, Mrs. Biggs of South Carolina, and Mr. Brecheen) introduced 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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Preventing Forced Abortions Act of 2026”.

SEC. 2. IN GENERAL.

A Federal court—

(1) may not enforce any provision in a surrogacy contract that requires the surrogate mother to have an abortion at the request of any intended parent, party to a surrogacy contract, or agent of any party to a surrogacy contract; and

(2) shall enforce any clause requiring the payment of a surrogate mother of any compensation agreed to in a surrogacy contract, notwithstanding any provision that requires the surrogate mother to have an abortion at the request of any intended parent, party to a surrogacy contract, or agent of any party to a surrogacy contract, including any provision providing for—

(A) liquidated damages based on a refusal to get an abortion;

(B) reduction of payment based on a refusal to get an abortion; or

(C) otherwise requiring the surrogate mother to have an abortion at the request of any party or agent of any party to a surrogacy contract.

SEC. 3. JURISDICTION OF THE COURTS.

(a) In General.—Chapter 85 of title 28, United States Code, is amended by adding at the end the following: “Sec. 1370. Surrogacy contracts “The district courts shall have original jurisdiction of all civil actions where the matter in controversy is a surrogacy contract (as such term is defined in section 4 of the Preventing Forced Abortions Act of 2026) in or affecting interstate or foreign commerce.”.

(b) Clerical Amendment.—The table of sections for such chapter is amended by adding at the end the following:

“1370. Surrogacy contracts.”.

SEC. 4. DEFINITIONS.

In this Act:

(1) Abortion.—The term “abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device—

(A) to intentionally kill the unborn child of a woman known to be pregnant; or

(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—

(i) after viability to produce a live birth and preserve the life and health of the child born alive; or

(ii) to remove a dead unborn child.

(2) Female.—The term “female” means an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, a reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

(3) Intended parent.—The term “intended parent” means any individual who is a party to a surrogacy contract and who is the party who will take permanent custody of a child born pursuant to such contract.

(4) Surrogacy contract.—The term “surrogacy contract” means an agreement setting forth the terms and conditions for the conception and birth of a child to a female with the intent of all parties being that such child shall immediately thereafter enter into the permanent custody of another individual.

(5) Surrogate mother.—The term “surrogate mother” means a female who is a party to a surrogacy contract and who is the party who will bear the child pursuant to such contract. <all>