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Republican lawmakers in the United States have introduced two new bills aimed at tightening regulation of the surrogacy industry, arguing that current laws leave children vulnerable to exploitation and abuse.
Congressman Scott Perry of Pennsylvania unveiled the Protecting Kids from Creeps Act and the Preventing International Surrogacy Exploitation Act at a press conference alongside fellow Republican representatives Tim Burchett and Randy Fine.
Perry said the legislation is designed to “put children first” and address what he described as serious concerns surrounding commercial surrogacy, including the placement of children with convicted sex offenders and the use of surrogacy arrangements by foreign nationals.
The Protecting Kids from Creeps Act would require surrogacy agencies to conduct criminal background checks on prospective parents and impose significant penalties on agencies that knowingly facilitate arrangements involving registered sex offenders.
The proposal follows a number of high-profile cases that have raised concerns about the lack of oversight within the surrogacy industry.
Perry cited the case of Pennsylvania resident Brandon Mitchell, a registered sex offender who had previously been convicted of attempting to solicit explicit images from a teenage student. Mitchell and his partner later obtained a child through surrogacy.
Supporters of the legislation have also pointed to the recent arrest of millionaire Barrie Drewitt-Barlow. Drewitt-Barlow, who became internationally known as Britain’s first gay father through surrogacy, was arrested in Essex as part of an investigation into allegations including rape, human trafficking for sexual exploitation, administering a noxious substance, and other sexual offences. The allegations have not yet been tested in court.
Campaigners argue that the case highlights wider concerns about the limited scrutiny applied to prospective parents in many commercial surrogacy arrangements.
Further concerns emerged in North Carolina last month when two men who publicly identified themselves as parents of five boys were arrested on child sexual abuse charges following an investigation by the North Carolina State Bureau of Investigation. Authorities allege they possessed child sexual abuse material, with additional charges relating to sexual offences against minors.
Alongside child protection concerns, Perry’s second proposal seeks to address the growing international surrogacy market.
The Preventing International Surrogacy Exploitation Act would prohibit surrogacy contracts between American surrogates and foreign nationals, while introducing criminal penalties for brokers who facilitate such arrangements.
Perry argued that international surrogacy has become a route for wealthy foreign nationals to obtain American citizenship for children born through surrogacy agreements. He cited reports involving Chinese businessmen who allegedly commissioned large numbers of children through surrogacy arrangements in the United States.
The global commercial surrogacy industry is estimated to be worth billions of dollars and continues to expand rapidly. Critics argue that the practice risks reducing both women and children to commodities within a marketplace driven by demand.
Speaking at the launch of the legislation, Perry said: “Children are not pets; children are not property.”
SPUC’s Communications Manager, Peter Kearney, says: “After some pretty harrowing cases it’s heartening to see American politicians trying to confront the despicable commissioning, purchasing, and trade of children. All children have a right to their birth parents and surrogacy, especially international or same-sex surrogacy, completely strips that from them. We must also remember that the eugenic side of surrogacy means vulnerable children in the young embryonic stage are destroyed when they don’t meet the commissioning parents’ expectations. Any legislation to reduce the aforementioned damages is welcomed by SPUC. We now hope that similar action can be taken in Westminster to stop the evil baby trade that happens on this side of the Atlantic too.”
