To provide for certain conditions on the enforcement of surrogacy contracts.
Key claim: HR9868 would impose certain conditions on the enforcement of surrogacy contracts.
Abstract
(HR9868 · 119th Congress) Latest action (2026-07-22): Referred to the House Committee on the Judiciary.
Why this matters
Surrogacy has traditionally been regulated at the state level with wide variation, so federal conditions on contract enforcement would be a notable shift affecting intended parents, gestational carriers, and the clinics and agencies that facilitate these arrangements. Depending on the conditions imposed, the bill could either standardize protections (e.g., informed consent, medical care, parentage clarity) or narrow access, with downstream effects on LGBTQ+ family formation and people who rely on surrogacy for medical reasons.