Will My Baby get U.S. Citizenship Through Surrogacy?
- ACRC Global
- Jul 10
- 4 min read
Updated: Jul 15
As we promised, we want to bring the most up to date information to our Intended Parents on the topic of birthright citizenship in the U.S.
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What the July 10 Court Ruling Means for International Surrogacy.
If you’ve been following the news lately, you may have heard about the July 10, 2025, court decision that paused enforcement of a recent executive order on U.S. birthright citizenship. If you’re an intended parent planning a surrogacy journey in the U.S., you’re likely wondering: Does this affect my baby’s right to U.S. citizenship?
You’re not alone — this is one of the most common concerns we’ve heard over the past few months. So, we’d like to break it down clearly and honestly, so you know what’s happening and how it might impact your family.
Earlier this year, the U.S. government issued Executive Order 14160, aiming to limit automatic citizenship for certain children born in the U.S. to non-citizen parents — including those on temporary visas. While the order didn’t directly mention surrogacy, it created a lot of confusion and concern, especially for international families planning to welcome a baby through a U.S. surrogate.
On July 10, 2025, a federal judge in New Hampshire issued a nationwide injunction, temporarily blocking enforcement of the order. The judge stated that the policy likely violates the U.S. Constitution — specifically the 14th Amendment — which guarantees that any child born on U.S. soil is a U.S. citizen. So, for now, the rule is paused. And for intended parents: that’s good news!
So, Will my baby get US citizenship through Surrogacy?
If your child is born in the U.S. — and you’ve followed the legal process for surrogacy — then yes, your baby is still considered a U.S. citizen at birth.
This includes: • A valid U.S. birth certificate • Eligibility to apply for a U.S. passport • The ability to travel home legally with your child |
But we want to be clear: this is based on the law as it stands today. The situation is still evolving, and it’s possible future rulings could shift things again. That’s why staying legally informed and working with a qualified team is so important.
How We Handle This at ACRC Global
At ACRC Surrogacy, we’re not an immigration firm — and we don’t offer legal advice directly — but we take these matters seriously, and we always plan ahead.
Here’s how we help you navigate the legal side: • We match you with a surrogate in a state where surrogacy law — and birthright citizenship protections — are strong and clearly defined. • We work closely with surrogacy attorneys who understand both family law and current federal rulings, and who can file your pre- or post-birth orders to secure your legal parentage. • We refer you to trusted professionals who can help with things like your baby’s birth certificate, U.S. passport application, and return travel coordination. |
These services are separate from your surrogacy contract, but part of our extended network. We don’t make promises we can’t keep. But we do everything within our scope to keep your journey protected and well-supported.
What We Don’t Do — And Why It Matters
We want to say this as plainly as possible: Surrogacy is not a path to U.S. immigration. That’s not why we do this work, and it’s not something we advise pursuing. Our job is to help you build a family — safely, ethically, and legally. If you have long-term questions about immigration, dual citizenship, or legal status in your home country, we strongly recommend speaking with an immigration lawyer familiar with your country’s laws.
Where Things Stand Now For now: • The executive order is blocked, nationwide. • Babies born through U.S. surrogacy still receive U.S. citizenship, as long as the birth happens on U.S. soil and the legal process is followed. • Your child’s right to a U.S. passport and birth certificate is protected, at least until further notice. |
We’re staying in close contact with our legal partners and will continue to monitor any changes that might affect our intended parents — especially those traveling from abroad.
If You’re Feeling Uncertain…
That’s completely normal. Legal headlines like these can be stressful — especially when you’re planning for something as emotional and meaningful as becoming a parent. But you don’t have to navigate it alone.
📩 If you have questions about the legal process, the latest ruling, or how ACRC can support your surrogacy journey in the U.S., we’re here to help.
Schedule a consultation |
We’ll listen, answer your questions honestly, and walk through your next steps together.
Disclaimer: This post is for informational purposes only and is not intended as legal or immigration advice. Please consult with a licensed attorney for guidance specific to your case.
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