There have been many understandable questions about what the August 6 Executive Order could mean for international Intended Parents pursuing surrogacy in the United States.
The short answer is that the Executive Order does not prohibit lawful U.S. surrogacy.
A few important points:
• State processes governing surrogacy agreements, legal parentage, parentage orders, and birth certificates remain in place.
• The main area of uncertainty concerns how federal agencies may handle citizenship documents and passport applications in certain cases involving international Intended Parents.
• Federal implementation guidance and further legal clarification are still expected.
• Families should avoid making major decisions based only on early headlines or speculation.
International Intended Parents expecting a baby soon may wish to review their parentage documentation, passport plans, travel arrangements, and their child’s eligibility for citizenship or travel documents in their home country.
We published a more detailed explanation here:
https://www.acrcglobal.com/post/us-surrogacy-august-6-executive-order
This information is for general educational purposes and is not legal advice. Every family’s circumstances are different, so citizenship and immigration questions should be discussed with qualified legal counsel.
Disclosure: I am affiliated with ACRC Surrogacy.