Will Surrogacy Become Illegal in the US Under Trump’s Presidency?

Will Surrogacy Become Illegal in the US Under Trump’s Presidency
Author mehdisabet
Reading time 6 min
Published at 7 March 2025

With Donald Trump’s victory in the 2024 presidential election and his subsequent return to the White House, questions about the future of surrogacy in the United States have come to the forefront. Given Trump’s history of aligning with conservative and pro-life values, many are concerned about potential changes to laws governing reproductive rights, including surrogacy. This article examines the possible implications of Trump’s policies on surrogacy, critiques the concerns raised, and highlights how VitaLife continues to provide a reliable and affordable alternative for intended parents worldwide.

Trump’s Stance on Reproductive Rights and Surrogacy

Donald Trump’s presidency has historically been marked by a strong alignment with conservative ideologies, particularly regarding reproductive rights. During his previous term, his administration supported policies that restricted abortion access and defunded organizations like Planned Parenthood. While Trump has not explicitly targeted surrogacy, his broader pro-life stance and support for traditional family values have raised concerns among advocates of assisted reproductive technologies (ART), including in vitro fertilization (IVF) and surrogacy.

According to sources like Tsong Law and Brilliant Beginnings, Trump’s return to the White House could lead to increased scrutiny of surrogacy arrangements, particularly for international intended parents. Stricter regulations or federal oversight might complicate the process, making it more challenging for individuals and couples to pursue surrogacy in the US. Additionally, Trump’s pledge to mandate IVF coverage under his administration, as reported by National Catholic Reporter, suggests a mixed approach—supporting certain reproductive technologies while potentially limiting others.

Surrogacy Under Trump Future Uncertain

Trump’s Birthright Citizenship Order Impact

One of the most consequential actions taken during Trump’s second term is his executive order aimed at reinterpreting birthright citizenship—the constitutional guarantee of citizenship to most children born within US territory. While federal judges in several states have issued nationwide injunctions against the order, its potential implementation could have far-reaching consequences, particularly for children born through surrogacy and LGBTQ+ families.

The executive order proposes a return to traditional, heteronormative definitions of parentage, defining a mother as “the immediate female biological progenitor” and a father as “the immediate male biological progenitor.” This definition excludes many LGBTQ+ couples and intended parents who use ART, including surrogacy. If implemented, this could create a mismatch between state and federal definitions of parentage, leading to legal disputes and potentially leaving some children at risk of statelessness.

Moreover, the administrative burden of proving citizenship could increase significantly. Currently, a birth certificate issued by a US state is sufficient to establish citizenship. However, under Trump’s order, parents may need to undergo additional bureaucratic processes, such as obtaining citizenship certificates, which could cost upwards of 1,300 per child may deter international parents from pursuing the surrogacy process in the United States. Such a change could have a significant impact on the 20 billion surrogacy market, a market that has long been recognized as a global leader in providing accessible and well-regulated surrogacy services.

A Real-Life Example: Sam Altman and Surrogacy

In a recent example highlighting the importance of surrogacy, Sam Altman, the CEO of OpenAI, and his husband, Oliver Mulherin, welcomed a baby boy via surrogacy in February 2025. Altman shared the joyful news on social media, expressing his overwhelming love for the newborn. This example underscores how surrogacy provides a vital pathway to parenthood for LGBTQ+ couples and others who may not be able to conceive naturally.

Altman’s announcement also sparked discussions about the role of surrogacy in modern family-building and the need for accessible and inclusive reproductive services. Despite some controversy, the story received widespread support, including praise from Microsoft CEO Satya Nadella, a key partner of OpenAI.

Where Is Surrogacy Illegal in the U.S.?

This article explores which states have made surrogacy illegal, the reasons behind these restrictions, and the legal consequences for intended parents in these states.

Read More

Critiques and Concerns

Critics argue that any move to restrict surrogacy or reinterpret birthright citizenship could have far-reaching consequences. Surrogacy provides a pathway to parenthood for many who cannot conceive naturally, including LGBTQ+ couples, single parents, and those facing medical challenges. Limiting access to surrogacy could disproportionately affect these groups, exacerbating inequalities in reproductive rights.

Furthermore, the US has long been a global leader in surrogacy, offering a well-regulated and accessible system for both domestic and international intended parents. Changes to this system could drive intended parents to seek surrogacy services in other countries, potentially exposing them to less regulated and riskier environments.

Hope Amid Uncertainty: VitaLife Stands By You

Regardless of the political landscape in the US, VitaLife remains committed to providing high-quality, affordable surrogacy services to intended parents worldwide. While the US may face uncertainties under Trump’s presidency, VitaLife offers a reliable alternative with costs as low as one-fifth of those in the US. Our agency ensures the highest standards of care for both surrogates and intended parents, making surrogacy accessible and stress-free.

At VitaLife, we understand the emotional and financial challenges of building a family through surrogacy. That’s why we prioritize transparency, affordability, and exceptional service. Whether you’re concerned about potential legal changes in the US or simply seeking a more cost-effective option, VitaLife is here to support you every step of the way.

Conclusion

The possibility of surrogacy becoming illegal or heavily restricted in the US under Trump’s presidency remains uncertain. While concerns about stricter regulations and conservative policies are valid, it’s important to remember that surrogacy is a deeply personal and transformative journey. Stories like that of Sam Altman and his husband remind us of the joy and love that surrogacy can bring to families. Regardless of political shifts, VitaLife is dedicated to helping you achieve your dreams of parenthood with the highest quality surrogacy services at a fraction of the cost. No matter what the future holds, VitaLife is by your side, ensuring that your path to parenthood is as smooth and affordable as possible.

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