On a recent episode of the Family Source Consultants Podcast, host Chris Gao welcomed Rich Geisler, attorney and founder of Fertility and Surrogacy Legal Group. They dove into an important topic that is on many intended parents’ minds: the executive order concerning birthright citizenship.
What is an Executive Order?
Rich began by explaining what an executive order is. “It’s basically a written order from the president of the United States as the head of the executive branch,” he noted. These orders have been utilized since the inception of the union, directing the executive branch of government within a constitutional framework.
He emphasized that executive orders can be temporary and subject to change with new administrations. “If it’s an order that is found to be legal and constitutional, then it stays in place and can be codified by Congress for a longer-term implementation,” he added.
The Current Executive Order on Birthright Citizenship
Rich detailed the specific executive order concerning birthright citizenship, initiated by former President Trump. “This order states that any babies born to non-citizens or those here temporarily would not be considered U.S. citizens,” he explained. The legality of this order is currently under scrutiny, with multiple entities and states challenging it in court.
As of now, there have been injunctions preventing the order from being enacted. Rich stated, “There have been actually three injunctions that have stopped the order from being effectuated at this point.” This means that for the time being, the status quo regarding citizenship remains unchanged.
The Implications for International Intended Parents
Rich addressed how the executive order might impact international parents pursuing surrogacy in the U.S. He highlighted that the uncertainty surrounding the order could have significant ramifications.
“If this order were to be upheld, the question arises: how will it affect our international clients?” Rich posed. He explained that while birth certificates are issued at the state level, the executive order is federal. Thus, parents should still be able to obtain a birth certificate for their child. However, the next step—obtaining a U.S. passport—could become complicated.
Rich noted, “The trick is going to be how the State Department implements this.” He raised concerns about potential new requirements for proving the citizenship of the birth mother and how that could complicate surrogacy arrangements.
Potential Solutions and Legal Safeguards
Rich offered insight into alternative solutions should the executive order come into effect. He mentioned that during the COVID-19 pandemic, many international clients obtained travel documents from their home countries to return home with their newborns. “We worked with clients to get travel documents from their embassies,” he explained.
He also mentioned the importance of understanding who is listed on the birth certificate and how that could affect citizenship status. “If the executive order says the biological progenitor needs to be a citizen, it complicates things,” he acknowledged.
Looking Ahead
Rich reassured listeners that the surrogacy community is resilient and proactive. “This industry has shown that we can adapt and find solutions,” he said. He emphasized the commitment of legal professionals, agencies, and medical teams to support families through these challenges.
Chris echoed this sentiment, stating, “No matter what happens, we will make sure you are able to bring your baby back home safely and smoothly.” He urged parents to stay hopeful and remain informed about ongoing developments.
The discussion highlighted the importance of staying informed and proactive amid uncertainty. Rich summed it up well: “As long as you have the right experts around you, you can deal with anything from the legal perspective.” For intended parents considering surrogacy in the U.S., it’s essential to engage with knowledgeable surrogacy professionals who can navigate these complex legal waters.
In the face of potential changes, the surrogacy community remains dedicated to helping families achieve their dreams of parenthood.
