The debate over birthright citizenship in the United States is intensifying, with some policymakers advocating for its repeal. While much of the discussion focuses on immigration, an often-overlooked consequence is the potential impact on the surrogacy market.
For many families—particularly LGBTQ+ couples and international parents—surrogacy in the U.S. is one of the few viable pathways to parenthood. However, if birthright citizenship were revoked, it could create legal uncertainty, deter international intended parents, and significantly reshape the surrogacy industry.
The Role of Birthright Citizenship in Surrogacy
Under the current system, any child born on U.S. soil automatically receives American citizenship, regardless of the parents' nationality or immigration status. This policy has been crucial for international intended parents who rely on U.S.-based surrogacy arrangements. Without birthright citizenship, children born through surrogacy could face legal limbo, especially if their parents’ home countries do not automatically recognize their citizenship.
Many countries either ban surrogacy outright (such as France and Germany) or have strict regulations that prevent intended parents from obtaining citizenship for children born via surrogacy abroad. Birthright citizenship in the U.S. has provided a legal safety net, ensuring that children born through these arrangements have recognized nationality at birth.
How a Policy Change Could Impact the Surrogacy Market
1. Decreased Demand from International Parents
The U.S. is one of the most popular surrogacy destinations due to its favorable legal framework and guaranteed citizenship for children. If birthright citizenship were revoked, international parents might turn to alternative destinations where their children would have more secure legal status. Countries such as Canada, Ukraine (before the war), and Georgia have already positioned themselves as international surrogacy hubs.
A drop in international demand could financially strain U.S. fertility clinics, surrogacy agencies, and surrogates who depend on these arrangements. According to data from the Society for Assisted Reproductive Technology (SART), international surrogacy makes up a significant portion of U.S.-based surrogacy contracts, with intended parents from China, Europe, and Australia frequently seeking American surrogates.
2. Increased Legal Complexities for Intended Parents
If birthright citizenship were eliminated, parents using surrogacy might need to navigate complicated legal pathways to secure their child’s citizenship. They could be forced to apply for visas, residency permits, or even undergo adoption-like processes to legally claim their child.
For LGBTQ+ couples, this poses an additional risk. Some countries still do not recognize same-sex parenthood, meaning that a child born through surrogacy in the U.S. might not be able to gain legal status in their parents’ home country. In extreme cases, this could leave children stateless—unable to claim citizenship anywhere.
3. Financial Barriers and Fewer Surrogates
If demand for U.S. surrogacy declines, there could also be a financial ripple effect. Many surrogates—who are often lower- to middle-income women—rely on compensation from surrogacy arrangements. A decrease in intended parents, particularly international ones, could lead to fewer surrogacy opportunities, ultimately discouraging women from becoming surrogates.
Additionally, intended parents who still wish to pursue surrogacy in the U.S. might face rising costs due to increased legal fees and administrative hurdles. This could make surrogacy financially unfeasible for some families, particularly those who are not wealthy.
The Bigger Picture: A Blow to Reproductive Rights and Family-Building
At its core, eliminating birthright citizenship would not only impact immigration policy but also disrupt how families—both domestic and international—are able to form. The U.S. has long been a leader in assisted reproduction, but without guaranteed citizenship for surrogate-born children, its appeal could fade, pushing hopeful parents to seek alternatives elsewhere.
If policymakers move forward with ending birthright citizenship, they must consider the unintended consequences—especially for the surrogacy industry and the families who depend on it. Without careful planning, such a policy shift could create a legal and humanitarian crisis for children born through assisted reproduction.
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