The Preventing Forced Abortions Act of 2026 prohibits federal courts from enforcing surrogacy contract provisions that mandate abortion and protects a surrogate mother's right to full compensation regardless of her decision to carry a pregnancy to term.
Andrew Ogles
Representative
TN-5
The Preventing Forced Abortions Act of 2026 prohibits federal courts from enforcing surrogacy contract provisions that mandate abortion at the request of an intended parent. The bill ensures that surrogate mothers remain entitled to their full contractual compensation regardless of their refusal to undergo an abortion. Additionally, it grants federal district courts jurisdiction over civil disputes involving such surrogacy agreements.
Preventing Forced Abortions Act of 2026: New Protections for Surrogate Mothers’ Bodily Autonomy and Paychecks
The Preventing Forced Abortions Act of 2026 steps into the complex world of surrogacy to ensure that a surrogate mother’s medical decisions remain her own. Under this bill, federal courts are prohibited from enforcing any part of a surrogacy contract that would require a surrogate to have an abortion because the intended parents or their agents demand it. It effectively draws a line in the sand: while a contract can cover many things, it cannot legally mandate the termination of a pregnancy against the surrogate’s will. This protection extends to the financial side of the deal as well, requiring courts to ensure surrogates receive their promised compensation even if they refuse an abortion requested by the other party.
Protecting the Paycheck
In the real world, this bill targets the 'fine print' that might otherwise use financial leverage to force a medical procedure. For instance, if a surrogacy agreement included a 'liquidated damages' clause—essentially a massive fine or a total loss of payment if the surrogate refuses to terminate a pregnancy—Section 2 of this bill makes those penalties unenforceable in federal court. Whether you are a surrogate mother in a suburban office or a rural setting, this means your right to receive the agreed-upon payment for carrying the child is protected by federal law, regardless of whether you follow a demand to abort.
Federal Courts and Cross-Border Contracts
Because surrogacy often involves intended parents in one state and a surrogate in another, this bill grants U.S. district courts the power to hear these cases under Section 3. This is a significant shift, as it moves these sensitive contract disputes into the federal system when they involve interstate commerce. By creating a specific federal jurisdiction (the new Section 1370 of title 28), the bill aims to provide a consistent legal standard across the country, ensuring that a surrogate’s rights don’t drastically change just because the parties involved live in different time zones.
Defining the Terms
The bill is quite specific about what counts as an 'abortion' and who is involved. Section 4 defines abortion as the intentional killing of an unborn child, but it explicitly carves out exceptions for procedures after viability where the goal is a live birth or to save the life of the child. It also clarifies that removing a dead unborn child is not an abortion under this law. By pinning down these definitions, the bill attempts to leave little room for creative legal interpretation, focusing strictly on preventing coerced terminations while maintaining the financial integrity of the original surrogacy agreement.