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The SAFE KIDS Act prohibits surrogacy contracts between U.S. surrogates and citizens or permanent residents of foreign adversarial nations (as defined by federal law) and declares such contracts void and unenforceable. The bill imposes criminal penalties on surrogacy brokers who knowingly or recklessly facilitate such agreements, and provides that custody of children born under voided contracts shall be determined by state law based on the child's best interests. An exception allows surrogacy agreements if at least one of two legally married prospective parents is a U.S. citizen or lawful permanent resident.
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