Representatives Blake Moore (R-UT) and John Moolenaar (R-MI), Chairman of the Select Committee on China, have introduced legislation aimed at preventing foreign adversaries from using the American surrogacy industry to secure U.S. citizenship for their children and traffic infants abroad.
The proposed Stopping Adversarial Foreign Exploitation of Kids in Domestic Surrogacy (SAFE KIDS) Act would invalidate commercial surrogacy agreements with citizens from countries considered foreign adversaries, including China, Russia, Iran, and North Korea. The bill also establishes a misdemeanor offense for brokers who knowingly facilitate such agreements. Surrogate mothers themselves would not be subject to prosecution under this legislation.
Other original co-sponsors of the bill include Representatives Robert Aderholt (R-AL), Jen Kiggans (R-VA), Neal Dunn (R-FL), Rich McCormick (R-GA), John McGuire (R-VA), Mike Kennedy (R-UT), Addison McDowell (R-NC), Nathaniel Moran (R-TX), Jefferson Shreve (R-IN), John Rose (R-TN), Pete Sessions (R-TX), Burgess Owens (R-UT), Paul Gosar, Diana Harshbarger (R-TN), and Michael Rulli (R-OH).
Rep. Moore stated: “Allowing foreign adversaries unrestrained access to the U.S. surrogacy industry is a national security and humanitarian crisis waiting to happen. Most of the developed world already bans international commercial surrogacy due to trafficking risks, and this bill is a strong step in the right direction to prevent bad-faith actors from taking advantage of U.S. surrogate mothers and the children they bear. Additionally, the national security and espionage risks that could emerge from China and Russia bringing children with U.S. passports into their countries should be further cause for alarm and grounds for immediate action.”
Chairman Moolenaar added: “Chinese nationals are exploiting gaps in US law to buy children from America. This practice is an unconscionable attack on American values. In one reported incident, a Chinese national made clear his preference to have 20 American children through surrogacy. Horrifically, this is not an isolated case and China is a country with a pattern of human trafficking. This legislation will ensure accountability and protect innocent children from nationals of foreign adversary countries who want to buy American babies.”
Rep. Aderholt commented: “I commend Rep. Blake Moore for introducing the SAFE KIDS Act, legislation that establishes needed accountability and guardrails for the U.S. surrogacy industry. The transfer of American-born citizens to China poses serious national security and human rights concerns. This legislation would end the practice of U.S. surrogacy brokers facilitating arrangements with North Korea, China, and Iran, while protecting U.S. children and mothers from exploitation by bad-faith actors.”
Rep. Kiggans said: “Foreign adversaries are taking advantage of American generosity and tolerance to undermine U.S. national security and commit espionage, including through our surrogacy programs. It’s become dangerously common for malicious fraudsters of a foreign origin, particularly from Russia and China, to abuse our surrogacy programs to traffic children to their home countries. Without this bill, these wealthy foreign nationals exploit our rules to give their children, sometimes numbering in the hundreds, U.S. passports, allowing these individuals to gain the privileges of citizenship without ever raising them in the United States. That’s why I am proud to cosponsor Congressman Moore’s SAFE KIDS Act to establish firm regulations that protect American surrogate mothers and their children from trafficking risks and threats to our national security.”
Rep. Dunn stated: “I have always defended the sanctity of life in all its forms, including standing firmly against the heinous practice of surrogacy trafficking. The SAFE KIDS Act is an effective and measured approach to preventing state-sponsored human rights abuses by China and Russia from occurring on our own soil.”
Rep. McCormick noted: “The SAFE KIDS Act closes a dangerous loophole that allows foreign adversaries to exploit our 14th Amendment through surrogate pregnancies. This bill protects vulnerable women and children while preventing hostile regimes from abusing U.S. birthright citizenship. I’m proud to co-sponsor this commonsense, national security–focused legislation.”
Rep McGuire said: “America’s surrogacy system should never be exploited by foreign adversaries to traffic children or game our citizenship laws,” adding he was proud “to be an original cosponsor of the SAFE KIDS Act” which aims “to protect women and children while closing an obvious national security loophole.”
Rep Kennedy remarked: “Allowing foreign adversaries to exploit Americans, traffic infants, and manipulate our citizenship laws are evil practices we must stop yet federal law has failed to keep pace… The SAFE KIDS Act draws a clear line stating that America will not tolerate these abuses…”
Rep McDowell described as “absolutely disgusting how far our adversaries are willing go,” saying “Exploiting newborns…to obtain American citizenship is a dangerous loophole that must be closed… The Safe Kids Act gives law enforcement real authority…finally ending years unchecked practices…”
Rep Moran emphasized: “Protecting children defending our national security are core responsibilities Congress… Vulnerable children should never be treated as commodities or shortcuts citizenship hostile regimes…stopping brokers facilitating surrogacy arrangements with adversarial nations…”
Rep Shreve said: “The SAFE KIDS Act puts children mothers first shuts door on foreign exploitation…laws should never allow adversaries like China profit off vulnerable families take advantage women…”
This legislative effort follows reports about abuse involving newborns born via surrogate arrangements for foreign nationals as well as incidents where surrogate mothers were deceived regarding intended parents’ identities or intentions.
Investigations have found cases such as one involving a Chinese billionaire who had more than 100 babies born via U.S.-based surrogates; these infants could then potentially be taken back overseas holding U.S., rather than local citizenship.
Currently there is no legal mechanism enforcing ethical standards among agencies beyond informal guidelines set by private organizations like Society for Ethics in Egg Donation Surrogacy.
Blake Moore has represented Utah’s 1st district since 2021 after succeeding Rob Bishop in Congress.
Moore was born in Ogden in 1980; he resides in Salt Lake City.
He graduated with a BA from University of Utah in 2005.
The full text of the bill can be found here.
