Foreign parents have been utilizing surrogates for many years. A child born to a surrogate in the United States is a United States citizen. However, the process can present several legal challenges. Don’t let that deter you, but be educated on the process.
Surrogates Birth Certificates
The process for obtaining a valid birth certificate for a baby born to parents living overseas is the same as for domestic parents. Often times the hospital of birth will make every effort to expedite the birth certificate process. The birth certificate can typically be obtained in as little as 48 hours. I typically advise the hospital prior to birth to expect an international surrogate birth and the hospital is typically prepared to expedite the process
Social Security Numbers
Parents may request a surrogates Social Security number (SSN) for their child. Forms are provided to the parents at the hospital, or a request can be made after returning home.
Passports Surrogate Births
As stated above, a child born in the United States is a United States citizen and therefore eligible to apply for a U.S. passport. However, parents may wish to obtain a passport from their native country for their child. Be sure to research this process early on in the surrogacy journey. Complications can arise due to legal restrictions regarding the issuance of dual passports.
Certified birth certificates are required to obtain a passport. Further, there are very specific rules for parents to obtain a passport for a child. Again, it is important to research this process prior to birth so that the process can be expedited. Typically parents should plan on allowing for 10 days to have all paperwork completed in order to return to their native country.
If English is not your primary or secondary language, I can obtain a translator for the purpose of communication to ensure proper understanding of the legal process.