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Update Monday, February 3, 2025: The Executive Order attempting to end birthright citizenship was temporarily blocked on January 22, 2025. Three separate federal cases related to the EO are scheduled to be heard the week of February 3, 2025. As we await the decision(s), The Surrogacy Law Center remains steadfast in its goal to provide excellent legal services to all its clients. We will keep you abreast of this situation as new information arises.

Recent news about an Executive Order aiming to end birthright citizenship in the United States has understandably raised concerns among international intended parents. This issue is particularly important for those pursuing surrogacy arrangements in the U.S. and wondering how these changes may impact their children.

First and foremost, it’s crucial to understand that birthright citizenship is guaranteed by the U.S. Constitution. The 14th Amendment ensures that all children born on U.S. soil are granted citizenship, regardless of their parent(s)’ immigration status—whether they are in the country illegally, temporarily, or permanently. Importantly, this constitutional protection cannot be changed or overridden by an Executive Order alone.

Can an Executive Order Change the Constitution?

The Constitution can only be amended through a rigorous process requiring two-thirds approval from both the House of Representatives and the Senate, as well as ratification by three-fourths of U.S. states. Given today’s political landscape, achieving such consensus is highly improbable.

The Executive Order currently being discussed does not take immediate effect. Instead, a 30-day period must pass before enforcement begins. In that time, legal challenges have already emerged, with numerous lawsuits filed against the order. Courts are likely to issue an injunction, pausing its enforcement as the legal battle unfolds—a process expected to be lengthy and complex.

What Does This Mean for Intended Parents?

While no one can predict with certainty how this situation will play out in the short term, the Constitution remains the supreme law of the land. This means the fundamental right to birthright citizenship continues to stand strong, regardless of temporary political actions.

Our team is closely monitoring these developments and remains committed to providing accurate, up-to-date information for international families. We’re here to support you through any uncertainties this situation may bring.

Moving Forward with Confidence

For families pursuing surrogacy in the U.S., rest assured that we’re here to help navigate this evolving landscape. Birthright citizenship has deep roots in U.S. legal precedent and constitutional protections.

If you have any specific questions or concerns, please don’t hesitate to reach out. Our team is always available to provide guidance, reassurance, or further clarification. As more updates become available, we will continue to share them with you promptly.