Trump's Executive Order on Birthright Citizenship: What It Means for Surrogacy

In a significant move that has caught the attention of the surrogacy community, President Trump issued a new executive order on January 20, 2025, aimed at restricting birthright citizenship in the United States. But what does this mean for international intended parents pursuing surrogacy in America?

Understanding the Order

The executive order, titled "Protecting the Meaning and Value of American Citizenship," focuses on two specific scenarios where citizenship documentation would be denied:

1. When the mother is unlawfully present in the U.S. and the father is not a U.S. citizen or permanent resident
2. When the mother has temporary legal status and the father is not a U.S. citizen or permanent resident

The order is set to take effect 30 days after its issuance, creating a narrow window for legal challenges and potential injunctions. Impact of Surrogacy Arrangements

While this move does not directly target surrogacy, it could still impact international intended parents.

We will look closely at the definition of "mother" in the order is subject to some analysis. If it this definition is interpreted to be the surrogate, since U.S. surrogacy typically involves a citizen or legal permanent residence, this order will not likely restrict the citizenship for children born in the U.S. through surrogacy.

Further, we will look at the legal reasoning and case law that has applied to the Fourteenth Amendment and the current legal challenges to Trump's Executive Order, as well as the civil procedure that applies to injunctions.

Looking to the Future

The U.S. remains a global leader in surrogacy, and while new policies may bring uncertainties, the demand for surrogacy in the U.S. continues to grow. For those currently pursuing or considering surrogacy in the U.S., it's recommended to stay in close contact with your attorney who can provide updated guidance as this situation develops.

Before making any decisions, we encourage you to read the full blog here to understand how the recent changes could affect you.

At Tsong Law Group, we stay at the forefront of these legal developments to protect our clients and guide them through any challenges that arise. For more information on navigating surrogacy in light of these changes, feel free to get in touch with our legal team today.