Rep. Nancy Mace Introduces Bill To Protect Children From Sex Offenders Exploiting Surrogacy

WASHINGTON, D.C. (Feb. 3, 2026)- Congresswoman Nancy Mace (R-SC) introduced the Protecting Children in Surrogacy Act,legislation which closes a dangerous loophole by banning registered sex offenders from obtaining children through surrogacy arrangements.The legislation imposes criminal penalties of up to 10 years in federal prison for violations.

Currently, federal and state laws do not prohibit sex offenders from using surrogacy to obtain children. Under the Protecting Children in Surrogacy Act,any sex offender required to register on the National Sex Offender Registry would be prohibited from obtaining a child through surrogacy or entering into a surrogacy contract as the intended parent.

In Pennsylvania last year, convicted child sex offender Brandon Keith Mitchell brought home a baby through surrogacy with no legal barriers. Mitchell was convicted of child sex abuse and possession of child pornography in 2016. Pennsylvania law contained no prohibition against registered sex offenders becoming parents through surrogacy. The Protecting Children in Surrogacy Act would ensure this doesn't happen.

"This shouldn't even be a question: registered sex offenders should never under any circumstances have access to children,"said Congresswoman Mace. "The fact predators can use surrogacy as a way to get their hands on kids is monstrous. We're shutting it down and making it a federal crime. If you're on the sex offender registry, surrogacy will not be your backdoor to children."

Key Provisions:

• Criminal Penalties: Sex offenders who obtain a child through surrogacy or enter into surrogacy contracts as the intended parent face up to 10 years in federal prison and fines
• Federal Court Authority: Federal courts are explicitly prohibited from enforcing any surrogacy contract where an intended parent is a registered sex offender
• Interstate Commerce Jurisdiction: The law applies when any aspect of the surrogacy arrangement involves interstate or foreign commerce, including travel, payments, communications, or use of equipment

"Children are not commodities, and surrogacy will not be weaponized by predators," Mace continued."This legislation protects the most vulnerable among us and ensures those who prey on children will face the full force of federal law. We will not allow sex offenders to exploit any system to access children."

SEE BILL TEXT HERE:

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