In May 2023 the now president-elect vowed to sign an executive order on day one of his presidency ending birthright citizenship. Trump’s threat may be an empty one if birthright citizenship is enshrined in the Constitution. But that doesn’t mean he won’t try.

Now that the US election has been decided, what does the president-elect’s promise mean for Australians whose babies are born through surrogacy in the USA?

Australians with babies born through surrogacy in the USA

Babies born in the USA automatically receive US citizenship, whether their parents are citizens of the USA or not. Because of Australia’ relaxed visa requirements for US citizens, parents with babies born through surrogacy in the USA are usually able to return to Australia quickly and easily after their baby’s birth. They then finalise their baby’s citizenship by descent process once back on home soil. This is one of the major drawcards for Australians to engage in surrogacy in the USA over numerous other countries.

But Trump’s threat now puts that in jeopardy, possibly at least while the Supreme Court works it through.

So what can you do?

Be prepared is always the best advice.

Parents who have babies through surrogacy in numerous other countries need to stay overseas while their baby’s citizenship by descent, and then their passport, is processed. That might be what ends up happening for a short time in the USA. But for now, its watch this space.

This article was written on the 15th November, 2024