US Administration Causes Considerable Uncertainty For Intended Parents

At the end of June, the US Supreme Court ruled that Donald Trump’s first Executive Order attempting to end birthright citizenship was unconstitutional. Less than six weeks later, he had issued two further Executive Orders.

One of these seeks to effectively prevent birthright citizenship for children whose parents “engage in a commercial transaction with a surrogate present in the United States, or a territory of the United States, to give birth” (among other categories of parent). The other seeks to end “birth tourism” by giving various powers to revoke visas and deny entry to those seeking to engage in birth tourism. It remains unclear whether intended parents entering the US for the birth of children born via surrogacy might be caught within this Order’s terms.