Breaking News: Executive Orders on Birthright Citizenship and “Birth Tourism” Impact Foreign Intended Parents
Two executive orders regarding birthright citizenship and “birth tourism” were issued yesterday. These orders intend to create serious problems for foreign intended parents using a gestational carrier living in the United States.
The first order concerns the child’s U.S. citizenship. It removes a process for a child born through compensated surrogacy arrangements to receive federal documents showing U.S. citizenship when neither parent is a U.S. citizen.
We anticipate that this could cause delays or denials of a U.S. passport, Social Security number, or other citizenship documents, even if the child has a U.S. birth certificate and a court order confirming the parents.
The second order seeks to restrict or deny the foreign intended parents’ ability to travel to the United States for the birth of their child. It denies entry into the United States in cases involving “birth tourism.” It may also affect people or businesses accused of helping with that activity.
In simple terms, the two orders could work together: one could affect the child’s citizenship documents, while the other could affect the parents’ ability to travel to or enter the United States.
There are very real and strong legal questions about whether these rules can lawfully be applied in this way. These orders will likely be challenged in court. But a legal challenge may not prevent immediate problems, such as a visa or entry denial and delays in getting the child’s passport and citizenship documents.
Protect Your Journey: Reach Out to Our Family-Building Team
For practical planning, foreign intended parents should expect extra scrutiny.
They should get advice from immigration and parentage lawyers in the US and in their home country, give complete and accurate information to US government officials, and have a backup plan in case they cannot enter the United States or the child’s citizenship or travel documents are delayed.
If you are an intended parent, surrogate, or agency with questions about how these executive orders impact your journey, our team is here to support you. Schedule a consultation and discuss your path forward.
Immigration + Surrogacy Attorneys
