Consequences of the New U.S. Citizenship Law for Surrogacy

Recent changes in U.S. legislation, initiated by Donald Trump's administration and coming into effect in 2025, have raised serious concerns among prospective parents using surrogacy services.

According to the new 2025 executive order, the right to birthright citizenship for children born in the U.S. to parents who are not citizens or permanent residents is now restricted. Citizenship and passports are no longer automatically granted upon birth on U.S. soil, significantly complicating the document processing for newborns. Previously, under the 14th Amendment to the U.S. Constitution and the Immigration and Nationality Act (INA) of 1952, parents utilizing surrogacy could provide proof of birth in the U.S. to obtain citizenship and a passport. However, with the introduction of new regulations under the "America First" policy, the process has become much more complex and requires additional legal steps that may take months or even years. Furthermore, there is a risk of complete denial of U.S. citizenship, putting at stake the possibility of the newborn returning to the home country of its genetic parents.

According to the U.S. Citizenship and Immigration Services (USCIS), many parents are facing prolonged processing times. In some cases, applications are denied due to insufficient documentation or failure to meet the new criteria introduced under immigration policy reform. Additionally, citizenship-related lawsuits have become more frequent, creating additional financial and emotional difficulties for families caught in challenging situations.

Now, the document processing timeline may significantly increase due to additional verification and legal procedures. With the tightening of regulations, parents may face rejection if they fail to provide all the necessary evidence within the established deadlines. Moreover, the costs of legal services and the prolonged stay in the U.S. while waiting for documentation can lead to substantial financial expenses, as parents may need to remain in the country for an indefinite period. Without obtaining citizenship and a passport, the newborn cannot leave the U.S., causing further legal and social complications.

Due to these changes, many prospective parents are now considering alternative options, such as choosing other jurisdictions that offer more transparent and simplified document processing procedures.

Thus, the new legislative changes in the U.S. have become a significant obstacle to using surrogacy services. Prospective parents need to prepare in advance for potential challenges and develop a clear legal strategy to avoid prolonged procedures and difficulties with returning home. Exploring alternative jurisdictions can be an effective solution to mitigate many risks and uncertainties.

Head of judicial department «Success» surrogacy centre