This bill matters because it would fundamentally reshape who can access commercial surrogacy services in the United States, specifically targeting clients from countries the U.S. considers adversarial. If enacted, it could significantly reduce the number of international clients for U.S. surrogacy providers and introduce new legal risks for those operating in the industry. The bill's proponents believe it addresses critical concerns related to national security, the potential exploitation of American women, and the trafficking of infants.

Without this bill, citizens of "foreign entities of concern" could continue to enter into surrogacy agreements in the U.S., which supporters argue presents ongoing risks. With its passage, these specific international surrogacy arrangements would become illegal, carrying criminal penalties for facilitators and mandating that state courts determine the custody of children born from such arrangements solely in the child's best interest, thus changing existing practices and legal frameworks around international surrogacy.