Status as of [date], reviewed by [attorney name], [firm]. Every statement on this page about the executive order and the litigation is pending review by counsel. The order's exact title and the docket names will be added once confirmed.
This is a status page. It describes what the August 2026 executive order addresses, who it affects, and where the legal challenges stand. It is written by Nancy Block, RN, and maintained with counsel. It is not legal advice. If you are an international intended parent, your own immigration and reproductive-law attorneys advise you on your journey.
What does the executive order say?
On August 6, 2026, a federal executive order was signed that addresses US citizenship for children born in the United States through compensated surrogacy when neither intended parent is a US citizen or permanent resident.
The order's exact title and operative language will be summarized here after counsel review.
What the order does not do, as described in the sections below, matters as much as what it does. It is about citizenship documentation for a subset of children. It is not a surrogacy law.
Who is affected and who is not
| Family situation | Affected by the order? |
|---|---|
| At least one intended parent is a US citizen | No |
| At least one intended parent is a US permanent resident | No |
| Neither intended parent is a US citizen or permanent resident, child born through compensated surrogacy | Yes, this is the group the order addresses; effect depends on litigation status |
| Surrogates | The order does not change a surrogate's rights, compensation or agreement |
A child born in the US to at least one US-citizen or permanent-resident parent is unaffected. For US-citizen intended parents, nothing changes.
What is the current litigation status? (updated [DATE])
The order is under litigation and its implementation is contested. Status as of [date].
| Date | Event | Effect on children born via surrogacy | Source |
|---|---|---|---|
| August 6, 2026 | Executive order signed | [Effect as of signing: counsel to confirm] | [Federal Register or White House source] |
| [date] | [Suit filed: court and case name] | [pending] | [court filing] |
| [date] | [Injunction or ruling, if any] | [pending] | [court filing] |
This log is updated after each court ruling. If a ruling changes the status, the date at the top of this page changes with it.
Does it change surrogacy law in Illinois or any state?
No. The order does not change state surrogacy law, parentage orders, or the legality of compensated surrogacy in any state.
Surrogacy agreements, parentage and birth certificates are governed by state law. In Illinois, the Gestational Surrogacy Act continues to make compensated gestational surrogacy agreements enforceable and to provide pre-birth parentage. See is surrogacy legal in Illinois. The same is true in every other state where compensated surrogacy is practiced. See surrogacy laws by state.
The parentage order under state law proceeds as usual, whatever the status of the executive order.
What should international intended parents do now?
For international intended parents, the open questions are whether the child receives a US passport, and how the home country recognizes parentage. Those answers depend on the order's status on the day of birth.
- Talk to your attorneys now, both your reproductive-law attorney and an immigration attorney, before matching if you can.
- Plan for both outcomes. Your attorneys can prepare for travel documents under the order's current status and under the alternative.
- Check your home country's rules. How your country recognizes a US parentage order, and what documents your child needs to enter and become a citizen there, are separate from the US order.
- Keep the state parentage step on schedule. It proceeds as usual. See pre-birth vs post-birth parentage orders.
- Build time into your travel plans after the birth, in case documents take longer.
What PLS is doing for clients with journeys in progress
PLS serves intended parents across the US and abroad. For each international family with a journey in progress, PLS is:
- Working journey by journey with the family's attorneys to plan for the order's status at the expected delivery date.
- Updating this page with counsel after each court ruling.
- Coordinating through Jan Telman Berman, Global Surrogacy Coordinator, who manages international cycles.
Surrogates' agreements, compensation and escrow are not affected. Escrow remains with an independent licensed escrow agent, and the surrogate's payments continue on schedule.
Sources and how this page is maintained
This page relies on three kinds of source, listed below: the official text of the order, the court filings in the cases challenging it, and Illinois and other state surrogacy statutes. It does not rely on commentary or advocacy pieces. Where a fact comes from news reporting, the outlet and date are named.
How it is kept current:
- Counsel reviews the page after each court ruling and at least quarterly.
- The status log above gains a new row for each filing, injunction or ruling, with its source.
- The date at the top of the page and in the litigation heading changes with each update.
- The page takes no position on the policy. It reports status and practical effect only.
If you have a question about your own journey, SurrogacyHotline.com, PLS's sister site, answers free, usually within 24 to 48 hours.
Sources
- [Executive order, August 6, 2026: title and official source.]
- [Federal court filings challenging the order: court and case names.]
- Illinois Gestational Surrogacy Act (2005), Illinois General Assembly. Pending review by counsel.