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International intended parents

What does the August 2026 executive order mean for children born via surrogacy to foreign parents?

The short answer

On August 6, 2026 the federal government issued an executive order concerning citizenship for children born in the United States through compensated surrogacy to two non-citizen parents. The order is under litigation and its effect has not been finally decided by the courts. This page states the status as of [date], has been reviewed by counsel, and draws no legal conclusions. What is unchanged: state parentage law, including the Illinois Gestational Surrogacy Act, still governs who the legal parents are; surrogacy agreements remain enforceable; and PLS continues to accept international intended parents. What may change: the documents a child needs to leave the US and the timing of a US passport. PLS updates this page when a court ruling or agency guidance changes the status.

Written by Jan Telman Berman

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

Last updated

What does the executive order say, in plain terms?

Status as of [date], reviewed by counsel. The plain-terms summary on this page is written or approved by counsel before publication.

On August 6, 2026, the federal government issued an executive order concerning citizenship for children born in the United States through compensated surrogacy to two non-citizen parents. Status as of [date], reviewed by counsel.

[Plain-terms summary of the order's operative provisions, to be written or approved by counsel.]

This page draws no legal conclusions. It tells you what has happened, dated, and what Private Label Surrogacy is doing about it. For advice on your own situation, speak with immigration counsel. PLS can connect you with attorneys who practice in this area.

This page is written by Jan Telman Berman, Global Surrogacy Coordinator at PLS, who manages every international cycle.

What is the current status of the litigation?

The order is under litigation, and its effect has not been finally decided by the courts. Status as of [date], reviewed by counsel.

Every development is logged below with its date and the initials of the counsel who reviewed the entry.

Date Event Effect on families in progress Reviewed by counsel
August 6, 2026 Executive order issued [to be described by counsel] [initials]
[date] [court filing] [to be described by counsel] [initials]
[date] [ruling or agency guidance] [to be described by counsel] [initials]

Which families does it affect, and which does it not?

As described, the order concerns children born in the United States through compensated surrogacy to two non-citizen parents. Status as of [date], reviewed by counsel.

Whether the order reaches other situations, such as families where one parent is a US citizen or permanent resident, is for counsel to assess. This page does not conclude.

Families in which both parents are US citizens or permanent residents are not the subject of the order as described. Status as of [date], reviewed by counsel. If either parent's status is in any doubt, or if you hold a visa rather than permanent residence, ask immigration counsel before assuming anything.

What has not changed: parentage, contracts, escrow

Three things are not touched by a citizenship question, because they are decided elsewhere.

Parentage. Who the legal parents are is decided by state law and court order. State parentage law, including the Illinois Gestational Surrogacy Act, still governs. Citizenship and parentage are separate questions. Status as of [date], reviewed by counsel.

Contracts. Surrogacy agreements remain enforceable under state law. Status as of [date], reviewed by counsel. Your agreement with your surrogate, and her protections under it, continue.

Escrow. Your money is held by an independent licensed escrow agent, not by PLS. The surrogate continues to be paid under your agreement, and your funds stay with the escrow agent under your escrow agreement.

PLS's program. PLS continues to accept international intended parents. Jan continues to manage every international cycle.

What may change is narrower: the documents a child needs to leave the US, and the timing of a US passport. Status as of [date], reviewed by counsel.

What should international parents in an active journey do now?

Five practical steps:

  1. Speak with immigration counsel now, not at the birth. Bring your agreement, your expected due date and both parents' passports and visa details.
  2. Speak with counsel in your home country about a home-country travel document for your baby, in case a US passport is delayed or unavailable.
  3. Plan a longer stay after the birth. Build flexibility into accommodation, work leave and flights.
  4. Review your newborn insurance so that a longer stay does not leave a gap in your baby's coverage.
  5. Stay in touch with Jan. PLS tells you what other international families in progress are doing, without sharing anyone's private details.

Should you pause your journey? That is a decision for you and your immigration counsel. PLS will not pressure you either way, and your funds stay with the independent escrow agent while you decide.

What should parents considering a US journey ask counsel?

Before you sign with any US agency, ask an immigration attorney:

Then ask counsel in your home country:

Write the answers down and date them. They may change.

How PLS updates this page

PLS updates this page whenever there is a court ruling or agency guidance, and at least monthly while litigation is active. The last-updated date is at the top. Every entry in the status log carries its date and the initials of the counsel who reviewed it.

If a ruling changes what families in progress should do, PLS contacts those families directly as well as updating this page.

For background, see international surrogacy in the USA and US citizenship and passport. For the Illinois parentage law that is unchanged, see Illinois surrogacy law. For the exit steps, see leaving the US with your baby.

Sources

Editor notes (D-014): Counsel must write or approve the plain-terms summary and the status log before publication. No legal conclusions anywhere on the page. Date every statement. Order details not in the brief; do not characterize beyond what counsel approves.

Frequently asked questions

Does the order affect parents where one parent is a US citizen or permanent resident?

The order as described concerns children of two non-citizen parents. Whether it reaches other situations is for counsel to assess; this page does not conclude.

Does the order change who the legal parents are?

No. Parentage is decided by state law and court order. Citizenship and parentage are separate questions.

Should we pause our journey?

Ask your immigration counsel. PLS can connect you with attorneys who practice in this area and will tell you what other international families in progress are doing.

How often is this page updated?

Whenever there is a court ruling or agency guidance, and at least monthly while litigation is active. The last-updated date is at the top.