Section 1 Short title
This Act may be cited as the “Preventing Forced Abortions Act of 2026”.
Preventing Forced Abortions Act of 2026
A BILL
To provide for certain conditions on the enforcement of surrogacy contracts.
Sec. 2 In general
A Federal court—
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
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—
liquidated damages based on a refusal to get an abortion;
reduction of payment based on a refusal to get an abortion; or
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
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.”
Clerical amendment— The table of sections for such chapter is amended by adding at the end the following:
Sec. 4 Definitions
In this Act:
Abortion— The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—
to intentionally kill the unborn child of a woman known to be pregnant; or
to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—
after viability to produce a live birth and preserve the life and health of the child born alive; or
to remove a dead unborn child.
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.
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.
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.
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.