H.R. 9868

119 HR 9868 IH: Preventing Forced Abortions Act of 2026
 U.S. House of Representatives
 2026-07-22
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 I  119th CONGRESS  2d Session  H. R. 9868  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.
1.
Short title
This Act may be cited as the   Preventing Forced Abortions Act of 2026  .
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.
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:
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.
  .
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.