Private Label Surrogacy. Nurse-led. Ethics-bound.
Menu

International intended parents

How does a baby born via surrogacy to foreign parents get US citizenship and a passport?

The short answer

A baby born in the United States through surrogacy has historically received US citizenship at birth under the Fourteenth Amendment, and parents obtain a US passport in three steps: 1) the hospital files the birth record and the state issues a birth certificate listing the intended parents named in the pre-birth parentage order, usually within 1 to 3 weeks; 2) parents apply in person for the child's passport (Form DS-11) with the birth certificate, the parentage order and both parents' ID; 3) expedited processing or a passport agency appointment for travel within 14 days. An August 6, 2026 executive order concerning children of two non-citizen parents via compensated surrogacy is under litigation; status as of [date], reviewed by counsel.

Written by Jan Telman Berman

Global Surrogacy Coordinator. 18+ years managing national and international cycles.

Last updated

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:

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:

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:

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:

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

Frequently asked questions

How long after birth can we fly home?

Typically 2 to 4 weeks, driven by birth certificate and passport timing plus the pediatrician's clearance. Some consulates add steps.

Do both parents have to attend the passport appointment?

Yes, or the absent parent provides a notarized consent form (DS-3053). Counsel confirms current requirements.

Does the baby keep US citizenship if we never return to the US?

US citizenship acquired at birth does not lapse through residence abroad. Some home countries limit dual nationality; ask counsel at home.

Can the baby travel on our home-country passport instead?

Only if your consulate issues one before departure; many countries will not until parentage is recognized at home. Most families exit on the US passport.