US SB3101

Surrogacy agreements between U.S.-based surrogate mothers and citizens or permanent residents of "foreign entities of concern" (as defined in 10 U.S.C. § 4872(f)(2), which includes China, Russia, Iran, and North Korea) are declared void and unenforceable

Surrogacy brokers who knowingly or recklessly facilitate prohibited surrogacy agreements face criminal penalties of up to 1 year imprisonment, fines, or both

An exception permits surrogacy agreements where two prospective parents are legally married and at least one is a U.S. citizen or lawful permanent resident

When a surrogacy agreement is voided under this law, child custody is determined by state law based on the best interests of the child, with no effect given to the original surrogacy contract

Agreements that do not expressly address parental rights are presumed to be surrogacy agreements if the prospective parent is a citizen or permanent resident of a foreign entity of concern