U.S. Surrogacy and the August 6 Executive Order: What International Intended Parents Need to Know

Last updated: August 11, 2026

On August 6, 2026, the White House issued Executive Order 14418, titled “Continuing to Protect the Meaning and Value of American Citizenship.” The Executive Order addresses birthright citizenship and includes language concerning certain commercial transactions involving a Surrogate giving birth in the United States.

Understandably, this development has raised important questions among international Intended Parents who are currently pursuing or considering surrogacy in the United States.

At this early stage, it is important to separate what the Executive Order says from what it does not change and what remains legally unresolved.

Key Takeaways for International Intended Parents

The August 6 Executive Order does not prohibit surrogacy in the United States.

It does not invalidate lawful surrogacy agreements or eliminate the state legal processes used to establish parentage.

The primary area of uncertainty is how federal agencies may process citizenship related documents for certain children born through surrogacy when neither Intended Parent is a U.S. citizen.

Federal implementation guidance is still expected, and significant legal questions remain unresolved.

International Intended Parents should avoid making major decisions based only on early headlines or speculation and should seek advice from qualified legal counsel regarding their individual circumstances.

Has U.S. Surrogacy Been Prohibited?

No. The August 6 Executive Order does not prohibit surrogacy in the United States.

It does not invalidate lawful surrogacy agreements, prevent Intended Parents from entering into surrogacy arrangements where permitted under state law, or eliminate the ability of state courts to establish legal parentage.

In states with established surrogacy frameworks, including California, the legal processes governing gestational surrogacy agreements, parentage orders, and birth certificates continue to operate under state law.

The current issue is therefore not whether international Intended Parents may legally pursue surrogacy in the United States.

The principal uncertainty concerns how federal agencies may handle U.S. citizenship documentation for certain children born through surrogacy when neither Intended Parent is a U.S. citizen.

The August 6 Executive Order directs federal agencies not to issue or accept documents recognising U.S. citizenship in certain circumstances. Its language includes situations involving a commercial transaction with a Surrogate present in the United States or a U.S. territory to give birth.

How federal agencies will interpret and apply this language to individual surrogacy journeys remains an important unresolved question.

Are U.S. Citizenship and a U.S. Passport the Same Thing?

No. U.S. citizenship and a U.S. passport are closely related, but they are not the same thing.

A U.S. passport serves as evidence of U.S. citizenship. The passport itself does not create citizenship.

Whether a person becomes a U.S. citizen at birth ultimately depends on the U.S. Constitution and applicable federal law.

The Fourteenth Amendment provides the constitutional foundation for birthright citizenship. Federal law, including 8 U.S.C. Section 1401, also defines who is considered a U.S. citizen at birth.

An Executive Order may direct federal agencies regarding how they administer federal programmes and issue federal documents. Whether an Executive Order may redefine who qualifies as a citizen under the Constitution and federal law presents a separate and significant legal question.

That question is likely to receive further judicial review.

Are International Surrogacy and Birth Tourism the Same?

International surrogacy and traditional birth tourism should not automatically be treated as the same type of arrangement.

Traditional birth tourism generally refers to a pregnant individual travelling to the United States for the purpose of giving birth in the country.

International surrogacy usually involves a substantially different factual situation.

In a typical U.S. surrogacy journey, the gestational Surrogate resides in the United States, receives medical care in the United States, enters into a surrogacy agreement governed by applicable state law, and gives birth in a U.S. hospital.

International Intended Parents may travel to the United States near the time of delivery to welcome and care for their child.

Many international families choose surrogacy in the United States because of the country’s established fertility clinics, experienced surrogacy professionals, enforceable legal structures, and developed parentage procedures.

The fact that a child born in the United States may historically have qualified for U.S. citizenship does not necessarily mean that obtaining citizenship was the purpose of the surrogacy arrangement.

How federal agencies ultimately interpret this distinction will be important for international Intended Parents pursuing surrogacy in the United States.

What Questions About the Executive Order Remain Unanswered?

The Executive Order was issued recently, and federal agencies have been directed to provide implementation guidance concerning their respective operations.

Several practical questions remain unanswered, including:

1. How will federal agencies determine whether a specific surrogacy arrangement falls within the Executive Order?

2. Will the Intended Parents’ purpose or intent be considered?

3. How will existing pregnancies and ongoing surrogacy journeys be treated?

4. How will applications for U.S. passports or other citizenship documents be processed in practice?

5. What documents may international Intended Parents need to demonstrate the purpose and legal structure of their surrogacy arrangement?

These questions are especially important for international Intended Parents whose babies are expected to be born in the United States during the coming months.

Until federal agencies issue formal implementation guidance or courts provide further clarification, the practical effect of the Executive Order on individual surrogacy cases may remain uncertain.

What Should International Intended Parents Do Now?

At this time, the Executive Order itself does not require Intended Parents to stop or postpone an existing U.S. surrogacy journey.

Families should avoid making major decisions based solely on early news coverage, headlines, or speculation while federal implementation guidance and related legal challenges continue to develop.

International Intended Parents expecting a baby in the near future may wish to review their planning for the period after birth, including:

1. Legal parentage documentation

2. Birth certificate procedures

3. Passport applications and travel arrangements

4. The child’s potential citizenship status

5. Eligibility for a passport or other travel document under the laws of the Intended Parents’ home country

6. Timing considerations for travelling home with the child

Citizenship, immigration, passport, and travel document questions should be reviewed with qualified legal counsel based on each family’s particular circumstances.

Does the Executive Order Affect California Surrogacy?

The August 6 Executive Order does not eliminate California’s state legal framework for surrogacy agreements and parentage.

California’s established state law procedures governing surrogacy, legal parentage, parentage orders, and birth certificates continue to operate.

The unresolved questions primarily concern federal recognition of citizenship and the issuance or acceptance of federal citizenship documents in certain circumstances.

International Intended Parents pursuing surrogacy in California should therefore distinguish between two separate legal areas:

1. California state law governing the surrogacy agreement and legal parentage

2. Federal law and agency procedures governing citizenship documents, passports, and immigration matters

Because these areas involve different legal authorities, families should consult qualified professionals familiar with both surrogacy law and citizenship or immigration law.

Frequently Asked Questions

Is surrogacy still legal in the United States after the August 6 Executive Order?

Yes. The Executive Order does not prohibit lawful surrogacy in the United States. Surrogacy agreements and parentage procedures continue to be governed primarily by applicable state law.

Can international Intended Parents still pursue surrogacy in California?

Yes. The Executive Order does not prevent international Intended Parents from entering into a lawful California surrogacy arrangement. California’s legal processes for surrogacy and parentage remain in place.

Does a U.S. passport create citizenship?

No. A U.S. passport is evidence of citizenship. It does not create citizenship. Citizenship at birth is determined under the U.S. Constitution and federal law.

Will every child born through surrogacy be affected?

The Executive Order does not state that every child born through surrogacy will be treated in the same way. How federal agencies will interpret and apply the Order to individual arrangements remains unclear.

Should Intended Parents pause an existing surrogacy journey?

The Executive Order itself does not require Intended Parents to pause or stop an existing journey. Families should seek individual legal advice before making significant decisions.

What should Intended Parents expecting a baby soon review?

Families may wish to review parentage documents, birth certificate procedures, passport applications, travel plans, and the child’s potential eligibility for citizenship or travel documents under the laws of their home country.

ACRC Surrogacy’s Position

ACRC Surrogacy’s mission is to help individuals and couples build their families through responsible and professional assisted reproductive and surrogacy services.

Our services are provided to help Intended Parents have a child and successfully complete their family building journey. They are not designed or offered for the purpose of obtaining U.S. citizenship or immigration benefits.

The August 6 Executive Order does not make lawful U.S. surrogacy illegal. It also does not eliminate the state law frameworks through which surrogacy agreements and legal parentage are established.

At the same time, questions regarding federal citizenship documentation and the legal effect of the new Executive Order remain unresolved.

ACRC Surrogacy will continue to follow federal implementation guidance, relevant court decisions, and other developments that may have a practical impact on international Intended Parents and their U.S. surrogacy journeys.

For now, we encourage families to stay informed, avoid premature conclusions, and continue planning based on confirmed information as the situation develops.

ACRC Surrogacy

Helping Families Build Families

Important Notice

This article is provided for general educational and informational purposes only. It does not constitute legal, immigration, citizenship, or financial advice. Laws, agency guidance, and court decisions may change. Intended Parents should consult qualified legal counsel regarding their individual circumstances.