Is a surrogacy baby born in the US a citizen?
Status as of [date], reviewed by counsel. Every statement on this page about citizenship, passports and birth registration is pending review by counsel, and timing is pending confirmation with the Illinois Department of Public Health for the counties where PLS surrogates deliver.
Historically, yes. A baby born in the United States has received US citizenship at birth under the Fourteenth Amendment, including a baby born through surrogacy to parents who are not US citizens. Status as of [date], reviewed by counsel.
An executive order dated August 6, 2026, concerning children born through compensated surrogacy to two non-citizen parents, is under litigation. Status as of [date], reviewed by counsel. The section on the order below explains what this page can and cannot say.
For international parents, the US passport is what usually gets the baby home. Most families exit the US on the baby's US passport, because many home countries will not issue their own passport until parentage is recognized at home.
This page is written by Jan Telman Berman, Global Surrogacy Coordinator at Private Label Surrogacy, who manages every international cycle. It is not legal advice.
How do you get the birth certificate with your names on it?
With a pre-birth parentage order in place, the process is short. The hospital files the birth record. The state issues a birth certificate listing the intended parents named in the pre-birth order. This usually takes 1 to 3 weeks. Status as of [date], reviewed by counsel.
What makes it work is preparation before the birth:
- The pre-birth order is obtained during the pregnancy. Your attorney files it so it is in place before the due date.
- The hospital has the order before labor. PLS writes a birth plan with the delivering hospital that names you as the parents, and gives the hospital the order.
- Your names are spelled exactly as on your passports. A mismatch between the birth certificate and your passports can hold up the US passport and your home-country registration. Check the spelling on the order and the birth record before they are filed.
Order more certified copies of the birth certificate than you think you need. The passport application, your consulate and your home-country authorities may each want an original certified copy.
How do you apply for the US passport, and how fast?
You apply in person for the baby's US passport using Form DS-11, with the birth certificate, the parentage order and both parents' identification. Status as of [date], reviewed by counsel.
There are two speeds:
- Expedited processing. For an additional fee, the application is processed faster than routine service.
- A passport agency appointment. If you have proof of international travel within 14 days, you can request an appointment at a passport agency.
Most international families need one of the two. Because the birth certificate itself takes 1 to 3 weeks, the passport cannot be applied for on the day of birth. Plan your return flight only after you know when the birth certificate will arrive.
Both parents attend the passport appointment, or the parent who cannot attend provides a notarized consent form (DS-3053). Status as of [date], reviewed by counsel.
The baby needs a passport photo; a photo service near the passport office can take one of a newborn.
What documents must you bring to the passport appointment?
| Document | Issued by | Typical timing | Needed for |
|---|---|---|---|
| Pre-birth parentage order | The court, on your attorney's filing | During the pregnancy, before the due date | Birth certificate; passport; home-country recognition |
| Certified birth certificate | The state where the baby is born | Usually 1 to 3 weeks after birth | Passport; consulate; home country |
| Form DS-11 passport application | US Department of State | Completed in person, after the birth certificate arrives | US passport |
| Parents' identification | Your home country | Bring originals | Passport application |
| Notarized consent (DS-3053), if one parent is absent | US Department of State form, notarized | Before the appointment | Passport application |
| Expedited processing | US Department of State | Faster than routine service | Passport when travel is soon |
| Passport agency appointment | US Department of State | For international travel within 14 days | Passport when travel is imminent |
| Consular steps for a home-country passport | Your country's consulate | Varies by country | Home-country travel document or registration |
Confirm current form numbers, fees and document requirements with counsel before each appointment.
Bring copies as well as originals, and keep a folder for each document. Your consulate may ask for the same document in a different form, such as with an apostille. See leaving the US with your baby.
Does the baby also need a Social Security number?
A US-citizen baby is eligible for a Social Security number. It is not needed to apply for the US passport. Families who expect to file US taxes, open US accounts or return to the US often apply for one. Confirm with counsel and your tax adviser whether your family needs one.
If you apply, it is usually simpler to do so while you are in the US.
US citizenship acquired at birth does not lapse because the child lives abroad. Some home countries limit dual nationality; ask counsel at home.
What does the 2026 executive order change, if anything?
On August 6, 2026, the federal government issued an executive order concerning citizenship for children born in the US through compensated surrogacy to two non-citizen parents. The order is under litigation, and its effect has not been finally decided by the courts. Status as of [date], reviewed by counsel.
This page draws no legal conclusions about the order. What PLS can say:
- Parentage is a separate question. Who the legal parents are is decided by state law and court order, including the Illinois Gestational Surrogacy Act. The pre-birth order and birth certificate steps above still apply.
- What may change is the passport step. The documents a child needs to leave the US, and the timing of a US passport, may be affected for families within the order's scope. Status as of [date], reviewed by counsel.
- Plan for a home-country travel document. Ask your consulate now whether it can issue your baby a travel document in the US, and what it would need.
PLS keeps a dated status log on the 2026 executive order page. Speak with immigration counsel before your next step.
What does PLS and Jan do during these weeks?
The weeks after the birth are when international journeys most need coordination. Jan manages them with you:
- Before the birth. Jan confirms with your attorney that the pre-birth order is filed, gives the hospital the order and the birth plan, and reviews your document plan with you and your home-country counsel.
- At the birth. Jan confirms the hospital has your correct names for the birth record and that the baby will be discharged to you.
- After the birth. Jan tracks the birth certificate, helps you plan the passport appointment, and lines up the consular steps your country requires.
- Travel. Jan helps you set your return date once the passport timing is known. Typically families fly home 2 to 4 weeks after the birth, driven by birth certificate and passport timing plus the pediatrician's clearance. Some consulates add steps.
Your surrogate is cared for in the same weeks. Her case manager, Natalie Gaudio-Fricano or Jenni Symons, stays with her through her recovery, and if she pumps, her pumping support continues.
PLS has an after-hours team because births and flights do not keep office hours. One night that team rebooked a stranded surrogate's hotel, car and flight while another PLS surrogate was delivering twins.
For the full international picture, see surrogacy in the USA for international parents. For timing your travel around the due date, see travel and birth timing.
Sources
- US Constitution, Fourteenth Amendment. Status as of [date], pending review by counsel.
- US Department of State, Form DS-11 (passport application) and Form DS-3053 (statement of consent). Pending review by counsel.
- Illinois Department of Public Health, birth registration. Timing pending confirmation.
- Illinois Gestational Surrogacy Act (2005), Illinois General Assembly. Pending review by counsel.
- Executive order of August 6, 2026. Under litigation; status as of [date], pending review by counsel.