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American Surrogacy exclusively coordinates surrogacy journeys between U.S.-based intended parents and U.S. gestational carriers.
Recent executive actions targeting foreign commercial birth arrangements have created significant uncertainty for non-U.S. citizens considering surrogacy in America.
You can learn how these federal updates impact non-U.S. citizens and why consulting an international reproductive attorney is necessary below.
Summary of August 2026 Executive Orders on Birthright Citizenship
President Trump signed two executive orders on August 6, 2026, aimed at restricting birthright citizenship and halting foreign "birth tourism."
These measures followed the Supreme Court's June 30, 2026, decision in Trump v. Barbara, which struck down an earlier January 2025 executive order restricting birthright citizenship under the Fourteenth Amendment.
The two new executive orders introduce targeted federal restrictions that directly impact non-U.S. citizens:
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Targeting Commercial Surrogacy Arrangements: The first order directs federal agencies to withhold citizenship documentation for children when foreign parents enter commercial surrogacy arrangements in the U.S. to secure citizenship.
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Restricting Foreign Travel for Births: The second order directs the Department of State and Department of Homeland Security to deny nonimmigrant visas to foreign nationals traveling to give birth on U.S. soil.
The orders also exclude children born to non-diplomatic foreign government employees and individuals linked to foreign organizations from automatic citizenship recognition.
Dive Deeper: Executive Order Fact Sheet
Why American Surrogacy Serves U.S. Residents Exclusively
American Surrogacy limits agency programs strictly to U.S. residents because no parent should ever risk having their family's safety or legal status put at stake.
Bringing a baby into your arms is one of the most meaningful experiences in life. You shouldn't have to face legal heartbreaks, passport denials, or fears of statelessness when holding your newborn.
Shifting federal rules and cross-border legal complexities can place foreign parents in heartbreaking, high-stakes battles.
Restricting our agency to domestic U.S. journeys protects prospective parents and gestational surrogates from sudden regulatory changes that could threaten child custody or citizenship.
Keeping our programs domestic ensures clear legal protection and compliance with state parentage laws.
What Recent Executive Orders Mean for International Intended Parents
Non-U.S. prospective parents face heightened administrative scrutiny, potential visa denials, and legal risks when attempting surrogacy in the United States.
While state family courts still issue pre-birth parentage orders, federal agencies may challenge U.S. passport issuance for infants born to foreign parents through commercial surrogacy.
Key implications for international intended parents include:
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Increased Visa Scrutiny: Consular officers may deny visitor or medical visas if foreign citizens plan to enter the U.S. for a surrogacy birth.
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Uncertain Passport Recognition: Federal agencies may refuse to issue Consular Reports of Birth Abroad or U.S. passports to infants born to foreign parents.
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Pending Federal Guidance: Federal departments haven't published full operational guidelines yet, creating administrative delays and enforcement uncertainty.
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Potential Court Challenges: Legal advocacy groups are challenging these orders, meaning immigration rules could shift during an active pregnancy.
Why You Need an International Surrogacy and Immigration Attorney
International intended parents must consult specialized legal counsel before executing contracts or transferring funds for a U.S. surrogacy journey.
Immigration and international surrogacy attorneys evaluate your home country's citizenship laws, review federal visa risks, and structure agreements to protect your parental rights.
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Foster + Bloom Family Formation Law Group (Licensed in 19 U.S. states and Washington D.C.): A specialized family formation law firm offering cross-border reproductive contracts, state parentage orders and international child immigration processing.
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The International Fertility Law Group (Licensed in multiple U.S. states): A recognized global practice coordinating multi-jurisdictional compliance, post-birth documentation, apostilles and foreign passport logistics.
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Markee Law (Licensed in California and Colorado): A niche immigration practice providing specialized legal guidance on U.S. citizenship transmission through assisted reproduction, Consular Reports of Birth Abroad (CRBA) applications and visa compliance.