International Surrogacy and U.S. Citizenship: What Families Should Know

October 23, 2026

Families planning to welcome a child through surrogacy in the United States may have questions about recent changes in federal citizenship policy. For intended parents who are not U.S. citizens, ongoing court challenges raise important questions about citizenship documentation, passports, and travel home after a child’s birth.

Two lawsuits directly address these concerns. Although litigation is underway and an existing court order protects certain children, families should not assume that every surrogacy arrangement is covered or that travel documents will be issued without difficulty.

Why citizenship documentation is at issue

Executive Order 14418, issued on August 6, 2026, directs federal agencies not to issue or recognize citizenship documents for certain individuals when neither parent is a U.S. citizen. One provision expressly addresses commercial arrangements with a surrogate who gives birth in the United States or a U.S. territory.

The central issue for affected families is federal recognition of their child’s citizenship, including access to a U.S. passport. Establishing legal parentage under state law and obtaining federal citizenship documents are distinct issues. A parentage order or birth certificate should not be treated as a guarantee that a passport application will proceed without questions.

A new lawsuit focuses on families affected by surrogacy restrictions

On October 14, 2026, six plaintiffs filed Blanca v. Trump in federal court in Maryland to challenge the executive order. They are seeking class certification and a preliminary injunction. Class certification would allow the case to proceed on behalf of a defined group, rather than only the named plaintiffs. A preliminary injunction would temporarily block challenged government action while the case proceeds.

The families described in the court filings illustrate two different concerns: whether a child expected through a U.S. surrogacy arrangement will receive citizenship documents after birth, and whether a child born through surrogacy before the order was issued could encounter problems renewing an existing passport. These are concerns raised by the plaintiffs—not findings that such denials have occurred.

The requested relief includes protection against enforcement of the order’s commercial-surrogacy provision. Filing a lawsuit or requesting an injunction does not, by itself, create that protection.

A related case seeks additional protection

Another challenge, Nathan v. Trump, was filed in federal court in Washington, D.C., on September 28, 2026. Its plaintiffs include an intended parent whose child was expected to be born through surrogacy in the United States.

The case also seeks to prevent federal agencies from refusing to recognize citizenship under the new order. The scope and timing of any relief depend on the court’s rulings. Families should confirm the latest status before relying on a pending request for protection.

Does an existing injunction protect every surrogacy family?

Not necessarily. On September 2, 2026, the court in CASA v. Trump issued a preliminary injunction blocking enforcement of the new order against members of the certified class in that case. That protection is important, but the class definition matters: an injunction protecting a particular group does not automatically cover every child born through surrogacy.

Whether a family falls within an existing court order requires an individualized review. Families should not assume that another family’s experience, an earlier passport issuance, or general news coverage establishes their own eligibility for protection.

Practical considerations for intended parents

While these challenges proceed, families can discuss the following issues with their surrogacy and immigration counsel:

• Current legal protection. Determine whether an existing injunction covers the child and whether any subsequent ruling has changed that protection.
• Citizenship and travel documents. Review the documents needed for passport applications and ask the intended parents’ home-country consulate about citizenship, recognition of parentage, and any available travel-document options.
• Possible delays. Build flexibility into travel and accommodation plans rather than assuming a fixed departure date after the birth.
• Entry into the United States. Obtain current advice about the appropriate visa or admission requirements. Answer questions from consular and border officials accurately and truthfully.

A child’s passport eligibility and an intended parent’s permission to enter the United States are separate questions. Neither should be assumed from the status of the surrogacy arrangement alone.

The bottom line

The pending lawsuits bring the concerns of international surrogacy families directly before the courts. They may clarify the protections available to children born through surrogacy, including children whose families already hold citizenship documents. For now, uncertainty remains, and no general update can guarantee a particular family’s citizenship-documentation or travel outcome.

Families should obtain advice tailored to their circumstances and check for new court rulings and agency guidance before making significant decisions.

This article provides general information, not legal advice, and does not create an attorney-client relationship. It reflects information available as of October 23, 2026. Court orders, agency policies, and procedures may change.