The US has historically been a popular surrogacy destination for those in England and Wales and abroad. We examine whether Trump’s Presidency will impact this and deter potential parents from opting for a US-based surrogate or reduce the pool of US surrogates available.
Abortion
Although the right to an abortion had begun to be removed in certain states prior to Trump’s election following the 2022 Supreme Court decision, Trump has openly spoken about his ‘pro-life’ stance and made several executive orders during his presidency as set out below:
- Enforcing the Hyde Amendment, banning all federal funding for abortions save for in rare circumstances such as rape, incest or when the woman’s life is in danger.
- Reinstating the Mexico City Policy, blocking US aid to foreign NGOs involved in abortions.
- Rejoining the Geneva Consensus Declaration, declaring abortion is not an international human right.
This is relevant in the context of surrogacy as, without the protection of the ability to terminate a pregnancy if there are issues with the surrogate or the baby’s health, fewer women are likely to be willing to undergo the risk of volunteering as a surrogate. This is of course currently state-specific and so it is important to be aware of the law for the state in which the surrogate lives.
Birthright citizenship
A big selling point for US surrogates is that any child born in the US, even if both parents are not US citizens, will automatically receive US citizenship. This is a constitutional right, enshrined in the 14th amendment to the US Constitution. This means that the intended parents can obtain a US passport at birth and be travelling home with the baby in a matter of weeks, as opposed to potential months of waiting for a British passport.
On 20 January 2025, on his first day in office, President Trump signed an executive order declaring that children born on or after 19 February 2025 would no longer be entitled to US citizenship if their parents are not US citizens or lawful permanent residents. This impacts those on an international surrogacy journey as, in most states, the intended parents are the legal parents from birth through a pre-birth order. The baby, therefore, would not automatically receive US citizenship and instead the intended parents would need to apply for a British passport before travelling home with the baby, which could slow the journey home considerably. There is also the added cost of the extended stay to consider when opting for a US surrogate.
The executive order was suspended indefinitely on 6 February 2025 by a federal judge while legal challenges, calling the order ‘unconstitutional’, were heard. District courts issued nationwide injunctions aiming to block the order from taking effect and the matter ultimately progressed to the Supreme Court, who reviewed the case in May. The ruling was delivered on 27 June 2025, with a 6-3 majority determining that the lower courts do not have the authority to put the policy on hold across the entire country.
Following the landmark Supreme Court ruling, Trump’s lawyers have advised that the executive order would not be enforced before 27 July 2025. This has been temporarily blocked while ongoing legal challenges are brought.
In the midst of such uncertain times, anyone considering the US as a surrogacy destination should undertake detailed research and obtain legal advice in both the relevant US state and the UK so that they are able to make informed choices and navigate any possible changes ahead of time.
