H.R. 9868

Preventing Forced Abortions Act of 2026

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Sec. 4. Definitions

In this Act:

(1) Abortion. The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—

(A) to intentionally kill the unborn child of a woman known to be pregnant; or

(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—

(i) after viability to produce a live birth and preserve the life and health of the child born alive; or

(ii) to remove a dead unborn child.

(2) Female. The term female means an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, a reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

(3) Intended parent. The term intended parent means any individual who is a party to a surrogacy contract and who is the party who will take permanent custody of a child born pursuant to such contract.

(4) Surrogacy contract. The term surrogacy contract means an agreement setting forth the terms and conditions for the conception and birth of a child to a female with the intent of all parties being that such child shall immediately thereafter enter into the permanent custody of another individual.

(5) Surrogate mother. The term surrogate mother means a female who is a party to a surrogacy contract and who is the party who will bear the child pursuant to such contract.