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ARTICLE · 08 SEPTEMBER 2026

US Surrogacy: Prospective Changes To Birthright Citizenship

Penningtons Manches Cooper LLP
Penningtons Manches Cooper LLP
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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP

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President Trump's executive orders targeting birthright citizenship have created unprecedented uncertainty for international intended parents pursuing surrogacy in the United States. With the legal landscape shifting rapidly and US citizenship no longer guaranteed for babies born through commercial surrogacy arrangements, families at every stage of their journey must now navigate complex contingency planning involving alternative passports, immigration status, and constitutional challenges.

United StatesImmigration
Bethan Carr
Bethan Carr
Jen Parker
Jen Parker

The United States has long been considered the gold-standard destination for intended parents pursuing surrogacy abroad. While it comes with a significant price tag, it offers a secure, well-tested legal system that protects surrogates and intended parents alike, and, until recently, a fast, predictable route home following the birth.

This has been called into question by President Donald Trump’s latest round of executive orders. For those currently expecting a baby through surrogacy in the US, or planning a surrogacy journey, it is important to speak to a specialist adviser as soon as possible, to assess next steps.

Why US surrogacy has always been the safe choice

Under the 14th Amendment of the US Constitution, any child born on US soil is automatically recognised as a US citizen. For international intended parents, this has been a key reason to choose the US as a destination for their surrogacy journey. Babies born through surrogacy in the US are born American citizens and are

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