Will Trump’s Policies Affect Surrogacy Babies’ U.S. Citizenship?

RSMC would like to offer some clarity and reassurance on this matter:

In other words, no matter which state your baby is born in, you can apply for their U.S. passport at any passport acceptance facility across the country. The United States does not require you to apply for the passport in the same state where the child was born, and there is no residency duration requirement. As long as all documents are in order, the location of application will not impact the outcome.

Second, regarding birth certificates and parental registration, while specific laws may vary from state to state, many surrogacy-friendly states—such as California, Colorado, and Nevada—have already established clear, supportive legal procedures for intended parents.

In these states, 「pre-birth orders」 are commonly granted, allowing the intended parents—whether they are a heterosexual couple, same-sex couple, or a single parent—to be listed directly on the baby’s birth certificate from the moment of birth.

This legal recognition ensures that all necessary documents are issued promptly and correctly, which in turn makes the process of applying for a U.S. passport smooth and straightforward.

Even if future changes in President Trump’s immigration or visa policies occur, these adjustments will not affect the constitutional right of babies born in the U.S. to receive American citizenship. Nor will they interfere with a U.S. citizen child’s right to obtain a passport and return home.

According to U.S. law, any child born on U.S. soil automatically acquires U.S. citizenship, a constitutional protection that is not subject to political changes. The passport application process is likewise safeguarded by law.

RSMC: Over 30 Years of Expertise in Helping Families Grow

As a professional reproductive medical center in the United States, RSMC has, over the years, assisted families from all over the world in successfully completing all legal documentation following the birth of their baby, including birth certificates, parentage orders, and U.S. passport applications.

Our experience has shown that a well-structured process, support from professional attorneys, and clear planning are the true keys to ensuring efficiency and success—not short-term policy changes.

At present, birthright citizenship in the U.S. has not been altered, and your baby born through surrogacy can still obtain U.S. citizenship smoothly and without issue.

If you have any questions or needs, the RSMC team is always here to provide expert consultation and assistance.

Please contact us via Line / WeChat: rsmctw, or WhatsApp: +1 858-342-6046. We will accompany you through every step of your surrogacy journey in the United States.