The first month of US President Donald Trump’s second term saw an onslaught of executive orders. The order aiming to change how birthright citizenship – the constitutional guarantee of citizenship to most children born within US territory – is granted could be the most consequential. Federal judges in Maryland, Washington state, Massachusetts and New Hampshire have issued nationwide injunctions against the order, and the San Francisco-based US Court of Appeals for the Ninth Circuit rejected the Trump administration’s appeal.
To date, most media outlets, civil and human rights organisations, and activist groups have expressed concern about how a change to birthright citizenship would impact undocumented people and their children. However, a change could also have a series of further consequences, particularly for children of LGBTQ+ couples and children born through assisted reproductive technologies (ART) such as surrogacy.
There are at least three related outcomes to consider: tension between federal and state definitions of parentage, a heightened administrative burden for establishing proof of citizenship, and the potential harm to what is the world’s largest surrogacy market.
