What the supreme court rejected
The U.S. The Supreme Court has upheld birthright citizenship in the United States, ruling that children born in the U.S. – to parents who are unlawfully or temporarily present – are citizens at birth under the Fourteenth Amendment.
Based on the report of AP News, the 6-3 decision rejected President Donald Trump’s executive order seeking to limit automatic citizenship for certain children born on U.S. soil.
For intended parents exploring U.S. surrogacy, this decision brings important clarity around one of the most common questions in international family building: what citizenship protections may apply when a child is born in the United States?
In its official opinion (25-365 Trump v Barbara 06/30/2026), the Court confirmed that a parent’s immigration status does not prevent a child born in the United States from being recognized as a citizen. Children born in the country are citizens at birth under the Citizenship Clause.
The ruling also reaffirmed the long-standing precedent from United States v. Wong Kim Ark, a case that has shaped U.S. birthright citizenship law for more than a century. Read more details about it through Reuter’s report on Supreme Court rejects Trump bid to restrict birthright citizenship.
What it means for international surrogacy?
Children born in the United States remain protected under the Fourteenth Amendment’s citizenship guarantee.
For families considering the U.S. as a surrogacy destination, this ruling offers reassurance. However, citizenship is only one part of the surrogacy post-birth process and considerations. It is best for intended parents to still consult experienced legal and agency professionals to prepare for parentage orders, brith certificates, passports and any requirements in their home country.
If you are considering surrogacy in the United States, explore our resources on:
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