08/14/2026
It has been just over a week since President Trump issued two new Executive Orders addressing birth tourism and birthright citizenship, with potentially significant consequences for international families pursuing surrogacy in the United States.
A lot has happened since August 6. Here’s where things stand:
⚖️ In Barbara v. Trump, the plaintiffs returned to Judge Joseph Laplante in New Hampshire, who previously protected a nationwide group of children from the earlier order. They are asking him to confirm those protections also apply to the August 6 order, or to issue new protections. Their challenge targets the new “commercial transaction” provision.
⚖️ In CASA v. Trump, plaintiffs asked Judge Deborah Boardman in Maryland to reopen the case because the new order may affect children she previously protected. She has scheduled a hearing for August 18.
One important detail emerged from the Maryland case: Government lawyers told the plaintiffs that the new citizenship order will apply only prospectively and will not take effect until implementation guidance is issued. That guidance has not yet been released, and the lawyers’ statement is not formal agency guidance.
🛂 The State Department has also announced a Birth Tourism Prevention Task Force focused on visa enforcement and suspected birth-tourism networks. The task force has been created, but there is no indication yet that it has taken enforcement action.
An important unanswered question is how the Government will distinguish traditional “birth tourism” from international intended parents traveling to the United States for a gestational surrogacy arrangement.
🔎 For now:
• Litigation is moving quickly.
• Government guidance is still expected.
• No court has yet ruled specifically on how the August 6 surrogacy provisions may apply to international intended parents or their U.S.-born children.
We’ll continue watching closely.
🍊 And because apparently August needed a little more going on, today, August 14, is National Creamsicle Day and National Financial Awareness Day.