Citizenship and Passports — US and International

How a newborn’s legal identity, citizenship, birth certificate, and passport are created after birth—and how these differ for:

• US intended parents
• International intended parents (EU, UK, Canada, Asia, Latin America, Middle East, etc.)
• Dual-nationality families
• Cases involving donors, single parents, or same-sex couples

Upstream decisions—birth state, contract language, hospital records, parentage orders, and embassy requirements—determine how fast or slow your path home is.

Who It Helps

This guidance is especially important for:

International Parents Who Need:

• A US passport for the baby
• Citizenship recognition back home
• Embassy appointments before traveling
• Proof of parentage for countries that require genetic testing

US Parents Who Need:

• Proper documentation for interstate travel
• Clarity on whether the baby receives automatic US citizenship (almost always yes)
• Legal parentage secured before discharge (depending on state law)

Situations Where a Different Path Is Needed:

• Countries with restrictive citizenship-by-descent rules (e.g., France, Germany, China, parts of the Middle East)
• Cases where neither parent is genetically related to the child
• States with slower parentage timelines that affect embassy processing
• Donor arrangements requiring extra documentation (anonymous vs known donors)

Step-by-Step: A Clear Sequence That Reduces Risk & Delays

1. Pre-Birth (3–6 Months Before Delivery)

• Identify citizenship rules for both parents’ nationality
• Review required evidence: genetics, marriage certificates, contracts, parentage orders
• Select a birth state with fast, predictable parentage processing
• Pre-book embassy appointments (some countries require weeks of wait time)

2. Contract Phase

Ensure the agreement includes:

• Clear statements of intent regarding parentage
• Identification of genetic connection, if any
• Required medical records and affidavits for embassies
• Consents needed by your home country
• Hospital requirements for naming the baby

3. At Birth

Hospital documents must be accurate:

• Mother of record (GC)
• Intended parents listed for parentage order
• Birth details (time, place, hospital)
• Correct spelling of names to match passports and embassy applications

4. Parentage Order

Timelines vary by state:

• Some allow pre-birth orders (CA, CO, NV, CT, DE, IL)
• Others only allow post-birth orders
  The order clarifies who the legal parents are and is needed by many embassies.

5. US Passport or Travel Document

International parents typically apply for:

• A US passport for the baby (because birth in the US ≈ US citizenship)
• A Consular Report of Birth Abroad (CRBA) if their country recognizes dual citizenship
• Emergency travel documents if the home country requires DNA testing first

6. Returning Home

Depending on your country:

• Direct return with US passport
• Extra steps (DNA, embassy interviews, home-country registration)
• Additional parentage orders to recognize you as parents abroad

Pros & Cons

Pros

• US birth generally guarantees US citizenship
• Smooth path to US passport in days to weeks
• Many states support streamlined parentage
• Predictable documentation for embassies

Cons / Trade-offs

• Some countries require DNA testing, adding 2–6 weeks
• Embassy appointment delays can extend stay in the US
• Dual citizenship rules vary widely
• Errors in hospital documents can delay everything
• If using donor gametes and no genetic link exists, certain countries may not recognize parentage

Costs & Logistics

Typical Line Items

• US passport fee: ~$135
• DNA testing: $400–$1,000 depending on country
• Court filing for parentage order: $500–$2,500
• Attorney review for international paperwork: $1,000–$5,000
• Translation of documents (if required): $100–$600

Escrow & Cash-Flow Planning

• Post-birth legal filings may require escrow reserves
• Additional GC compensation if delays extend hospital or legal timelines
• Extended stay in US (hotel, Airbnb) if embassy processing is slow

Prior Authorizations

Not typically needed for citizenship paperwork, but crucial for:

• NICU stays
• Additional medical records requested by embassies
• Genetic testing ordered at birth

What Improves Outcomes

Actions that materially change results:

• Choosing birth states with predictable parentage timelines
• Preparing embassy paperwork before birth
• Ensuring hospital documentation (names, dates, details) matches passport applications
• Understanding your country’s DNA requirements early
• Ensuring at least one parent is genetically linked if your country requires it

Actions that rarely change outcomes:

• Over-documenting medical information not required by embassies
• Requesting dual citizenship paperwork at the hospital
• Waiting until after birth to notify your embassy

Case Study: From Uncertainty to Clarity

A couple from Spain worked with a GC in Colorado. Spain requires:

• A genetic link to one intended parent
• A US parentage order
• DNA confirmation through an approved Spanish lab

Challenge:
They feared being stuck in the US for months waiting for results.

Steps Taken:

• Pre-birth order submitted at 28 weeks
• DNA kit arranged before delivery
• Hospital prepared paperwork in Spanish + English
• Passport appointment pre-booked

Outcome:

• Baby delivered at 38 weeks.
• DNA clearance returned in 9 days.
• US passport issued in 5 days.
• Family returned home within 3 weeks—well below the expected 8–12 weeks.

Mistakes to Avoid

• Not checking your country’s rules before matching with a GC
• Using donor gametes when your country requires a genetic link
• Relying solely on the hospital to prepare clean documents
• Delaying embassy appointments
• Choosing a state with slow parentage processing
• Not budgeting for extended stay after birth

FAQs

Q: Does every baby born via US surrogacy get US citizenship?

Ans : Yes—if born on US soil, the child is a US citizen by birth (with rare exceptions).

Q: Do all countries recognize children born abroad through surrogacy?

Ans : No—some require DNA testing, court orders, or special registrations.

Q: How long do international parents usually stay in the US after birth?

Ans : Typically 2–6 weeks depending on embassy and DNA requirements.

Q: Can same-sex couples obtain parentage and passports without delays?

Ans : Yes, but some countries require additional evidence of parentage or intent.

Q: What causes the biggest delays?

Ans : DNA testing, embassy wait times, and errors in hospital paperwork.

Next Steps

• Free 15-min nurse consult
• Upload labs for a personalized pathway
• Get a state-specific cost breakdown for your surrogacy case

Related Links

• Legal ethics surrogacy
• Intended Parents
• Become a Surrogate
• Fixed‑Cost Packages
• SART
• CDC ART
• ASRM