03/09/2026
π¨ Judge Blocks Trump's Birthright Citizenship Order β What It Means for Surrogacy Families
Today (2 September in the US), a judge has blocked the Trump administration from enforcing the birthright citizenship order that prevents children being born via surrogacy there to foreigners from obtaining a US passport. Judge Boardman in Greenbelt, Maryland, has issued the injunction. Round one to the opponents of this birthright citizenship order.
For now at least, children born through surrogacy in the US to foreign intended parents will be entitled to a US passport, as they always have been. Today's victory is a victory for the rule of law.
It will only be a question of time before the Trump administration appeals. Given the history of the last birthright citizenship order, it is inevitable that this dispute will end up with the Supreme Court.
We will update with developments as they arise.
π² Talk to our team today if you have questions about how this affects your surrogacy journey.