Surrogacy Contract Enforcement Conditions

Current understanding

Federal proposals in the 119th Congress would impose conditions on the enforcement of surrogacy contracts, a domain historically governed by state family law. HR9868 is an early example, framing surrogacy through a contract-enforcement lens that could affect intended parents, gestational carriers, and clinics/agencies depending on which conditions attach (e.g., consent, compensation, parentage, or health protections). Practical effect and scope remain to be seen as legislative text and any companion measures develop.

Evidence log

• 2026-07-22 — To provide for certain conditions on the enforcement of surrogacy contracts.: cross-connection with fertility-treatment-access: Surrogacy contract regulation intersects with IVF/ART access because gestational surrogacy typically relies on fertility treatments; conditions on enforceability could shape demand for and use of ART services. (novelty: 2)

Open questions

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