The Surrogacy Scandal That Has Republicans Writing New Law

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A registered sex offender in Pennsylvania used surrogacy to obtain a child — and no law stopped him — so House Republicans are now moving to close that dangerous loophole for good.

Story Snapshot

  • Rep. Scott Perry introduced the “Protecting Kids from Creeps Act” to bar convicted sex offenders from using surrogacy to obtain children.
  • A Pennsylvania case sparked the bill — a former teacher arrested in 2016 for soliciting sex from a 16-year-old student later got a child through surrogacy with no background check required.
  • Current law has no federal requirement for surrogacy agencies to screen intended parents for sex offender status.
  • A second bill, the “Preventing International Surrogacy Exploitation Act,” targets foreign nationals using U.S. surrogacy services to exploit children.

A Loophole That Puts Children at Risk

Rep. Scott Perry of Pennsylvania introduced two bills after learning that a registered sex offender had obtained a child through surrogacy without any background check. The man was a former teacher arrested in 2016 for soliciting sexual activity from a 16-year-old student. Perry says the couple even posted a fundraiser online to pay for the surrogacy — without disclosing the offender’s criminal history to the agency or the public. [10]

The first bill, the “Protecting Kids from Creeps Act,” would require surrogacy agencies to run background checks on intended parents. If an agency places a child with a convicted sex offender, it would face federal penalties. Perry argues that no child should be handed to a predator simply because the law never required anyone to ask. Right now, that gap exists — and it is being exploited. [10]

The Second Bill Targets Foreign Exploitation

The second measure, the “Preventing International Surrogacy Exploitation Act,” focuses on foreign nationals using U.S. surrogacy services. Perry and his co-sponsors argue that some foreign buyers use American surrogacy agencies to obtain children, sometimes with no oversight of what happens to those children after they leave the country. The bill would add restrictions on surrogacy arrangements involving foreign nationals to prevent exploitation. [10]

Several House Republicans joined Perry at his press conference, including Rep. Randy Fine and Rep. Tim Burchett. Fine called the legislation critical, saying surrogacy companies should not be allowed to place children with sex offenders or sell services to foreign nationals without safeguards. The American Principles Project, a conservative policy group, announced its support for both bills at the same event. [10]

Why Congress Is Acting Now

The bills fit a pattern of Republicans using real cases to close real gaps in child protection law. The Adam Walsh Child Protection and Safety Act, passed years ago, used a high-profile child abduction to build a national sex offender registry framework. [4] Perry’s bills follow the same logic — one documented case reveals a systemic weakness, and legislation fixes it before more children are harmed.

Critics have not offered evidence that background checks are already standard practice at surrogacy agencies. No federal law currently mandates them. Until Congress acts, agencies can legally place children with intended parents whose criminal histories are never reviewed. For parents who trust that the government protects children at every step of the process, that is a deeply troubling gap — and one that common sense says must be closed. [10]

Sources:

[4] Web – Cantwell Pushes House Republican Leadership to End Blockage of …

[10] Web – The House passed my bill, the Combating Online Predators Act …