BREAKING: Trump’s Executive Orders Could BLOCK Your American Surrogacy Baby From Coming Home

In this video, Stephen Page examined a developing legal crisis with massive consequences for Australian intended parents considering surrogacy in the United States. The episode lays out how new executive orders, potential Supreme Court rulings, and sudden economic volatility could transform what was once a relatively stable — if expensive — path to parenthood into a legal and logistical minefield. Surrogacy lawyers and prospective parents alike must pay attention: the risks are legal, financial, and operational.

Overview: The United States as a surrogacy destination — what has changed?

For many Australians, the United States has been considered one of the safest and most inclusive destinations for international surrogacy. Regardless of marital status or sexual orientation, intended parents could arrange gestational surrogacy through well-established clinics and agencies, albeit at a high cost. Until recently, the most straightforward path for a child born in the United States to Australian parents was simple: birth in the U.S. generally meant birthright citizenship under the Fourteenth Amendment, creating a clear path for return to Australia with the child.

That clarity is now in question. Two developments have injected uncertainty into the process: a presidential executive order that narrows birthright citizenship eligibility, and a pattern of tariff-driven exchange rate volatility that can drastically change the true cost of an international surrogacy journey. Both issues have immediate implications for intended parents and for surrogacy lawyers advising them.

Executive order: a new rule for birthright citizenship

The central legal development is an executive order that would alter how U.S. citizenship is conferred at birth. Under the proposed change, a child born on U.S. soil would not automatically receive U.S. citizenship unless at least one biological parent was a U.S. citizen. In plain terms, the traditional rule — “born in the United States, a citizen of the United States” — could be replaced by a requirement to prove a biological parent’s U.S. citizenship.

This has enormous implications for surrogate arrangements, especially where egg or sperm donors are used. If one or both genetic contributors are anonymous donors, proving biological parentage becomes difficult or impossible. Surrogacy lawyers warn that intended parents could face months or years of legal uncertainty trying to secure citizenship or travel documents for their child.

“You can only get US citizenship if one or other of your biological parents was a US citizen. So at the moment all you have to do to prove US citizenship is you were born in the United States.”

Why anonymous donors are suddenly a major legal problem

Many surrogacy arrangements rely on anonymous assisted reproductive technology (ART) donors or on donors whose records are limited. If citizenship is to be tied to biological parentage, anonymous donors create a practical barrier. Surrogacy lawyers will now advise intended parents to insist on documented donor identities or legally binding donor affidavits where possible. For existing arrangements with anonymous donors, the legal pathway to prove parentage is unclear, and parents may face severe delays.

Administrative backlog risk: the State Department and passports

Even if a child meets the new biological requirement, the process of getting proof of citizenship and a passport could be delayed. The United States State Department would be responsible for processing citizenship and passport applications, and the executive order itself provides no detailed administrative framework. That means the Department would have to devise new rules and procedures — a time-consuming undertaking.

Stephen Page highlighted a concrete example of how bad this could get: during the COVID-19 pandemic the State Department experienced a backlog of approximately 1.3 million passport applications. If a new citizenship verification system is introduced without adequate resourcing or clear rules, families could face months-long queues before a child can obtain documentation to leave the U.S.

Tariffs, exchange rates and the true cost of U.S. surrogacy

The second major, less legal but equally real risk comes from economic policy — tariffs. Rapid changes in tariff policy affect global exchange rates, and surrogacy costs denominated in U.S. dollars can swing wildly for Australian intended parents. Where Stephen Page previously estimated a typical U.S. surrogacy journey to cost around A$300,000, that figure can increase substantially if the Australian dollar weakens against the U.S. dollar.

Tariff announcements and trade tensions cause the bond market and currency values to move quickly. For families budgeting years in advance, these fluctuations introduce serious financial uncertainty. Some weeks the Australian dollar might strengthen, lowering costs; in others it might fall, raising them sharply. Surrogacy lawyers should counsel clients to include currency contingency in budgets and contracts.

Legal status today: court stays and a pending Supreme Court decision

As things stand, the new executive order has been stayed by the courts — that is, suspended — while litigation proceeds. There is a judgment pending before the Supreme Court concerning an earlier injunction related to the order. The timing is uncertain, and the legal landscape could change quickly depending on how the courts rule.

The existence of a stay means the most dramatic consequences are not immediate, but surrogacy lawyers and intended parents must plan as though the order could be enforced in the future. The stay also means there will likely be substantial litigation and regulatory changes ahead, increasing complexity for families who already face an emotionally and financially taxing process.

Practical advice for intended parents

Given these risks, intended parents should adopt a precautionary approach. Practical steps include:

• Engage expert surrogacy lawyers who are experienced with international ART, parentage laws, and cross-border immigration. These lawyers can assess contract terms, donor documentation, and exit strategies.
• Work with immigration specialists to understand U.S. and Australian entry requirements for children born abroad and to develop contingency plans if citizenship is delayed.
• Require documented donor identity where possible. If anonymous donation was initially contemplated, try to renegotiate donor agreements to secure verifiable records or legally enforceable attestations.
• Include contingency clauses in contracts with clinics and agencies addressing delayed citizenship, additional legal fees, and extended stay costs.
• Budget for currency volatility. Consider hedging strategies, flexible payment schedules, or escrow arrangements to protect against sudden exchange rate moves.
• Plan for extended stays in the U.S. Should a passport or citizenship delay occur, factor in the possibility of staying longer than originally planned and the costs associated with that.
• Secure comprehensive travel and legal insurance to cover unexpected medical, legal, and travel expenses.

How surrogacy lawyers can protect clients now

Surrogacy lawyers play an essential role at every stage. Their responsibilities now go beyond drafting parentage agreements and include:

• Advising on the legal implications of new citizenship requirements and designing parentage documentation that anticipates scrutiny.
• Working with clinics to obtain genetic documentation and ensuring chain-of-custody for donor records.
• Drafting robust contractual protections, including indemnities and dispute-resolution clauses tied to delayed citizenship or documentation.
• Coordinating with U.S.-based counsel to respond to evolving federal rules and administrative practices at the State Department.
• Guiding clients through contingency planning for a range of outcomes, including litigation scenarios and the steps required to secure emergency travel documents.

These steps are not academic. They are practical measures that can materially affect whether a child can leave the U.S. in a timely manner and whether parents are left to bear unforeseeable costs.

Alternatives to U.S. surrogacy

Because of the emerging risks, some intended parents may consider alternative jurisdictions. Countries such as Canada, certain European nations, and some U.S. states have different legal frameworks that may be more predictable in the short term. However, alternatives come with their own legal, medical, and ethical considerations, and the choice of jurisdiction should be informed by advice from surrogacy lawyers with cross-border experience.

Important factors when evaluating alternatives include parentage recognition, speed and reliability of citizenship or travel document issuance, enforceability of surrogacy contracts, and the overall cost in local currency. No jurisdiction guarantees a risk-free experience, but diversifying options and understanding the legal landscape can reduce exposure to a single point of failure.

What the Australian government has done and what to expect

Australian authorities acted decisively during the COVID-19 pandemic to assist children born abroad who were temporarily stranded. Stephen Page pointed out that during that crisis the Australian government worked to secure citizenship and passports and helped children return home quickly. That responsiveness offers some reassurance that Australia will act to protect its citizens and residents, but such interventions are reactive and cannot substitute for robust legal planning at the outset.

Conclusion: urgency, planning, and legal counsel

The combination of a potential change to birthright citizenship, the prospect of administrative backlogs at the State Department, and currency volatility caused by tariff policy has converted a surrogacy decision from a primarily medical and emotional one into a complex legal and financial calculation. For Australian intended parents, the United States no longer offers the clear-cut certainty it once did.

Surrogacy lawyers are now an indispensable part of the process. Their role extends beyond transactional work to strategic planning, risk allocation, and crisis management. Intended parents should consult specialist surrogacy lawyers early, insist on detailed donor and parentage records, build contingency clauses into contracts, and plan budgets that account for currency swings and potential extended stays.

Above all, families must stay informed. The executive order is currently stayed by the courts, but a Supreme Court decision could change everything. Until the dust settles, careful legal advice and conservative planning are the best defences against outcomes that could delay or prevent a child from coming home.

If you are considering U.S. surrogacy, speak with qualified surrogacy lawyers and immigration specialists now to understand your options and to put legal protections in place before proceeding.