The Surrogacy Space x Immigration Coffee Talk – The Birthright Citizenship Debate: How Trump’s 2025 Birthright Citizenship Act Impacts Surrogacy
**A Surrogacy Space and Immigration Coffee Talk Crossover
The Birthright Citizenship Debate: How Trump’s 2025 Birthright Citizenship Act Impacts Surrogacy
In this episode, we dive into the legal issues surrounding the Birthright Citizenship Act of 2025 and Executive Order No. 14160, issued by President Trump. These controversial measures aim to restrict automatic U.S. citizenship to children born on American soil—unless at least one parent is a U.S. citizen or lawful permanent resident. But what does this mean for children born through surrogacy, especially when the intended parents are international or if the surrogate is not a U.S. citizen or permanent resident?
We speak with Greenspoon Marder immigration partner Marcela Bermudez to unpack:
The legal foundations of birthright citizenship under the 14th Amendment
How the new policies could reshape the surrogacy landscape in the U.S.
The risks of statelessness and legal limbo for newborns born in the U.S. via surrogacy
What families and fertility professionals can do to prepare
Whether you’re a legal expert, a hopeful parent or surrogate, or simply curious about the intersection of immigration and reproductive rights, this episode offers critical insights into a rapidly evolving issue.
This publication is provided by Greenspoon Marder LLP is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.
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