Senators Rick Scott (R-FL) and Tom Cotton (R-AR) have called on the Department of Justice to launch an immediate investigation into surrogacy centers operated by foreign nationals, citing concerns that current laws are being leveraged by individuals with ties to the Chinese Communist Party.
In a letter sent last Thursday to Attorney General Pam Bondi, the lawmakers pointed to reports of more than 107 Chinese-owned surrogacy agencies in Southern California.
These firms allegedly cater to wealthy clients from China, paying American surrogates upwards of $50,000. Under current birthright citizenship rules, infants born through these arrangements are granted U.S. passports before being taken to China.
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“America’s surrogacy system is meant to help individuals build families – it should never be the avenue to allow abuse, neglect, or deceit of innocent women and babies,” Senator Scott stated in November.
He characterized the current lack of federal oversight as a “national security risk,” suggesting that the practice could be a long-term strategy to place U.S. citizens loyal to a foreign adversary in sensitive positions or voter rolls.
The letter specifically highlights an instance where a single foreign billionaire reportedly fathered more than 100 American-born children through these agencies.
The senators are requesting that the DOJ provide a full count of foreign-owned clinics and determine if these operations violate federal statutes regarding human trafficking, immigration fraud, or foreign-agent registration.
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This push for an investigation follows the introduction of the SAFE KIDS Act in November 2025. If passed, the legislation would void commercial surrogacy contracts involving citizens from adversarial nations, including China, Russia, Iran, and North Korea.
The bill also seeks to establish misdemeanor penalties for brokers who facilitate these deals, though it notably excludes surrogates from such penalties.
The DOJ has been asked to respond to the senators’ inquiry by March 13, 2026.
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