Protecting Kids from Creeps Act

This Act may be cited as the “Protecting Kids from Creeps Act”.

Chapter 110 of title 18, United States Code, is amended by adding at the end the following:

“2260B. Prohibition on sex offenders obtaining a child through surrogacy.—

(a) Surrogacy agency.— Whoever, being a surrogacy agency, knowingly or recklessly facilitates a surrogacy agreement in which a party to that agreement is a sex offender shall be—

(1) in the case of an agency acting recklessly, fined under this title and imprisoned not less than 10 years; and

(2) in the case of an agency acting knowingly, fined under this title and imprisoned not less than 20 years.

(b) Employees.— Whoever, being an employee of a surrogacy agency, knowingly facilitates a surrogacy agreement in which a party to that agreement is a sex offender shall be fined under this title and imprisoned not less than 20 years.

(c) Sex offender.— Whoever, being a sex offender, knowingly enters into a surrogacy agreement shall be fined under this title and imprisoned not less than 20 years.

(d) Status as a 501(c)(3) organization.— A surrogacy agency that is convicted of an offense under this section shall be ineligible for status as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1984.

(e) Federal funding prohibition.— A surrogacy agency that is convicted of an offense under this section shall be ineligible to receive a Federal grant.

(f) Effect of unlawful surrogacy agreement.— A surrogacy agreement entered into in violation of this section shall be void and unenforceable.

(g) Definitions.— In this section:

(1) The term “employee of a surrogacy agency” means any individual employed by a surrogacy agency who is not an officer of such agency.

(2) The term “sex offender” means an individual who is, or at any time was, required to register under section 113 of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20913).

(3) The term “surrogacy agency”—

(A) means any entity in the United States that facilitates, arranges, procures, or otherwise assists in the formation or execution of a surrogacy agreement; and

(B) includes any officer of such agency.

(4) The term “surrogacy agreement” means an agreement, contract, or arrangement, without regard to whether it is oral or written or is direct or brokered, between 1 or more prospective parents and a surrogate parent, under which the surrogate parent agrees to become pregnant and give birth to a child, and to relinquish all parental rights and responsibilities to the prospective parent or parents.

(5) The term “surrogate parent” means a person who agrees to become pregnant and give birth to a child, and to relinquish all parental rights and responsibilities to another person under the terms of a surrogacy agreement.”.

The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 2260B of title 18, United States Code, for a civil penalty that is equal to the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater.

Legal custody of a child born pursuant to a surrogacy agreement that is void and unenforceable under section 2260B of title 18, United States Code, shall be decided based on a determination of the best interests of the child under the law of the State where the surrogate parent resides, with no effect given to the surrogacy agreement or any other purported agreement, contract, or understanding concerning the custody of the child.