2025 Chinese people in the United States to give birth to children in the United States nationality policy full analysis: to the United States to give birth to children VS the United States surrogacy child birth complete guide

If you're considering it:

• personallygive birth in the United States(DIY / Moon Center), or
• Being carefully evaluated for medical reasonsLegal Surrogacy in the United States(Surrogacy).

Then this article is for you.

I don't want to be a condescending "textbook author" in this article, I'd rather be an old friend sitting across the table from you - just a friend who happens to have been in the field for more than a decade.

I'm not going to get into all the "dream story" mumbo jumbo, let's just talk about three issues:

Since you've clicked into this long post, I'll make you a promise:
After reading it, you'll not only be able to read the boring legal jargon, but you'll be able to get a copy of a landmarkable identity planning idea that works for your family.

Let's start with the centerpiece, the product.A child's future identity and security--Read and understand, and then consider those back stories.

🚀 30-Second Speed Preview: What kind of "Mabel's Family" are you more like?

In order not to waste your time, I will first use a minimalist comparison table to clarify the two main "routes to US citizenship".
After reading this table, you'll probably be able to tell: which one you favor more.

If you read the table and already have a feeling, you can take this initial judgment to read down, we put the "foundation logic" firmly.

6 Key Findings on Citizenship for U.S.-Born Children

Many of my friends grab the details as soon as they arrive and ask, "How do I fill out the traveler's permit form?" "Can I get an account or not?"

I usually start by asking them to take a deep breath and talk to them:
Don't rush into the bull's-eye, but get the "underlying logic" right first.

There are 6 core conclusions about "American Citizenship" (whether you gave birth yourself or through a U.S. surrogate).
Once you've got these 6 points down, you basically know the situation better than most agents.

How to choose between in-person birth in the US vs. surrogate birth in the US?

Many families who come to counseling ask me the same thing:

"Do I bite the bullet and fly there to have the baby myself, or do I simply go through American surrogacy and buy a certainty?"

To make it easier for you to make a judgment, I'm going to take the truest part of the two paths and spread it out for you.

That table above is the short version, here we dig down a little.

Scenario A: In-person birth in the U.S. (DIY / Moonchild Center)

This is the most mainstream and familiar path over the past decade or so, that is, "giving birth in the United States".

Basic Processes:

1. Domestic Preparation / Pregnant, got the ultrasound.
2. Applying for a B1/B2 visa. Nowadays, more emphasis is placed on "honesty" by stating the purpose of medical/birth, and preparing proof of financial resources, itinerary description, etc.
3. Immigration "break-in": Especially in the late stages of pregnancy, customs asks more detailed questions, so be mentally prepared.
4. Waiting for and giving birth: staying in a monthly center or renting a room on your own, surviving the entire late pregnancy and postpartum recovery in an unfamiliar environment.
5. Getting a Permit to Return Home: Get your baby's birth certificate, social security number, U.S. passport and Chinese travel permit, and then carry your baby home.

What's the real test?

Money is important, but many families bite the bullet and come up with it.
The real test is:Mom's physical and mental stamina.

• Can you handle a long flight with a belly?
• Are you okay with producing in a place where the language isn't quite spoken?
• Are you okay with the fact that your husband may only be with you part of the time?

If your answers are:

"We can carry it for the sake of this child".
With a relatively limited budget, then, in-person births in the U.S. can be very cost-effective indeed.

Scenario B: U.S. Surrogacy (IVF + Surrogacy)

In the past, this path was labeled as "exclusive to the rich", but in the past two years, more and more middle-class, highly educated and elderly families have begun to seriously evaluate.

The process is roughly like this:

1. Embryo building:In vitro at home or in the U.S. to form usable embryos and do screening such as PGT-A if necessary.
2. Matching surrogate mothers:Matching surrogate mothers with a pool of U.S. surrogacy agencies is a two-way selection process.
3. Legal intervention:Chinese and American attorneys, each representing the two parties, draft and review a very thick surrogacy contract, spelling out sensitive clauses such as compensation, medical care, insurance, and fetal reduction/abortion.
4. Transplantation and pregnancy management:After the embryos are transferred to the womb of the surrogate mother, the doctor and the agency team take care of the pregnancy follow-up, and you are more likely to be waiting for the test reports at home.
5. PBO & pick up the baby:Around mid-pregnancy, your attorney files a PBO (pre-birth parentage determination) to ensure that you are the legal parents of your child at birth. Around the due date, the whole family flies there to pick up the baby, apply for the license, and return to your home country.

The key word for this path is:

• Higher budgets;
• Higher legal/process complexity;
• The trade off: higher controllability and success in physically limited situations.

If you are 40+, or have a uterine condition that doesn't really allow you to go any further, or are in a same-sex, single-person household, this is an expensive option, but one of the few that is truly "legal, enforceable, and successful" on a global scale.

American Perspective: Why surrogate babies can also get US citizenship?

Next, let's switch perspectives:
From the perspective of U.S. law, this article explains why surrogate babies can also get citizenship.

Only when you get this layer right will you not have a drum in your head when making decisions.

The logic underlying the principle of jus soli (place of birth)

The United States is one of the few developed countries in the world today that still adheres to a stronger version of the jus soli principle.

That, in large part, comes from:

• 14th Amendment to the Constitution;
• As well as very critical jurisprudence in history (such as the oft-mentioned Wong Kim Ark).

To put it bluntly:

As long as a child's first breath of air is inhaled on U.S. soil (including some territories) and does not fall under one of a few special exceptions.
Then in current practice, he/she would generally be considered a U.S. citizen.

In this framework:

• Whether through assisted reproductive technology (IVF / Surrogacy);
• Whether or not to use donor eggs / donor sperm;
• Intended parents are not Americans -

These factors do not change the basic logic of the judgment that "native-born children acquire nationality by birth".

Three events after birth: birth certificate, SSN, and U.S. passport

Whether you come to the U.S. to give birth yourself, or the U.S. surrogate, there are three "big events" after the child is born:

1. Birth Certificate
   This is the starting point for all subsequent documents;
   In legal surrogacy states with PBOs, the intended parents' names are written directly on the birth paper and the surrogate mother does not appear on the document, which is important for privacy and subsequent cross-country documentation.
2. Social Security Number (SSN)
   It is similar to a "U.S. ID number" and will be used for tax filing, schooling, and work in the future.
3. U.S. Passport
   Take the birth paper and related documents to the process;
   The passport will only say the child's name and place of birth (e.g., Los Angeles, USA) and will look no different than any U.S. citizen's passport.

China Perspective: Managing Mabel's Identity in a "Conflict of Nationalities"

Now back to the Chinese side.

Many people think that Mabel is a "foreigner".
In fact, in terms of the Chinese government's self-created set of concepts, these children are more like"Children in conflict of nationality"--needs to be managed by a special mechanism.

A key watershed in China's nationality law: whether or not to "settle abroad"

Article 5 of the Chinese Nationality Law is something that all families considering a US baby should take a hard look at.

There's a particularly crucial point in there: "settled in a foreign country".

Simply draw a logic diagram:

• Scene A:Parents with permanent residency status, such as a U.S. green card, are considered to have "settled abroad."
  A child born in the U.S. → In principle, the child will only be treated as a foreigner and will generally not be recognized as having Chinese nationality.
• Scene B:The parents are just getting tourist visas, student visas, and work visas to stay in the US for a short period of time.
  Child born in the U.S. → Generally recognized as eligible for Chinese citizenship and can apply for a China Travel Permit.

The vast majority of Chinese families preparing to give birth in the U.S. or do U.S. surrogacy actually belong to Scenario B.
This is not a "loophole", but an exercise of the rights that one's child already has under the existing legal framework.

China Travel Permit: a special document for "children in conflict of nationality"

Many people have the misconception that a travel permit is some sort of visa in disguise.

It's actually closer:

A document issued to the children of Chinese citizens who are eligible for Chinese nationality but are temporarily inconvenienced or unsuitable for the issuance of ordinary passports, to be used for entering and leaving China.

• Functionally, it plays a role similar to that of a passport in the immigration chain;
• In terms of identity, it's telling the border control, "This is one of our own, just with a special form of ID."

So, when you go to the consulate to apply for a travel permit with your American baby's birth paper and related documents.
What you are applying for is not an "Alien Entry Permit", but a form of documentation for your child as a Chinese citizen.

Travel Permit + Household Registration: Practicalities depend on the local caliber.

The next question many parents ask is:

"With a travel permit, can I get a household registration back in my home country?"

The reality is:

• In many major cities and some regions, children with travel permits have the opportunity to settle in the country as long as the formalities are in order;
• However, the specific requirements, list of materials, and the need for additional declarations vary greatly from place to place and are adjusted over time.

In some cases, parents are asked to sign a document similar to the "Declaration of Renunciation of Foreign Nationality".
These types of documents are used for internal records and processes on the Chinese side; they do not automatically change a child's citizenship determination on the U.S. side.

But whether to sign it, how to sign it, and whether it will affect subsequent arrangements are all suggested:

1. Confirm the latest policy with your local police station/exit/entry control office in advance;
2. Also consult a professional familiar with the rules on both sides of the border, not just hearsay.

Mabel's 'double identity': changes around age 18

With a U.S. passport and a Chinese Travel Permit (and possibly a Hukou), Mabel tends to live a "dual life" until she turns 18.

Until age 18: daily life in dual-license status

Simply simulate a few scenes and you'll get a better picture:

• Entry and exit:
  To enter or leave China, use a Chinese traveler's permit;
  Entering or leaving the United States or other countries with a U.S. passport.
• Schooling in the country:
  If you have a hukou, you will be enrolled in school according to the district and enjoy nine years of compulsory education, just like the children around you;
  If the family chooses to go international, it is possible to use the "Alien Status" program, subject to compliance, which is another form of planning.
• Visiting the doctor and social security:
  Once you have a household registration, you can usually access the health insurance system and get vaccinated and see a doctor just like a normal child.

To summarize:

Until the age of 18, as long as the family does not deliberately "create conflict".
Children can basically live in a relatively smooth way in both China and the United States.

After 18: Identity choices and long-term planning

Many agents like to scare people with a phrase:

"You must choose your nationality at the age of 18, or else!"

The reality is much more complex.

There is no specific "rite of passage" that requires a child to make a choice on the spot in the year he or she turns 18;

What will really change is that the system of travel permits is designed primarily for minors, and reapplying for a travel permit after adulthood often encounters restrictions or different processes.

Usually around the age of 18, families do have to think seriously:

• Where will you live mostly in the future?
• Is it primarily U.S. citizenship with a long-term stay in China via visa?
• Or would you prefer to be rooted in China for the long term and then evaluate whether you want to deal with citizenship issues on the US side?

My take:

This question is, in fact, 20 years in the future.
By that time, China-US relations, national policies, global patterns will change, today any "dead conclusion" may not be reliable.

What we can do is until the child is 18 years old:
Help him keep his options open as long as possible, rather than making all the decisions for him now.

The True Value of U.S. Citizenship:

After all this hardcore content, I'd like to talk to you about the soft stuff.

A lot of moms and dads come to me with bright eyes-
It's as if by getting this dark blue passport, the child will have a halo around him or her later in life.

I'm not trying to throw cold water on the situation, just trying to help you put this into perspective a bit.

What is the true value of this passport?

In my opinion, there are three main pieces of more realistic value:

1. Flexibility on the education track
   The child can choose either the domestic track (entrance exams, domestic master's degree) in the future.
   It is also possible to go through the college route for Native American student status, with differences in acceptance rates and tuition;
   There are points in time when special policies (such as the Overseas Chinese Student Examination, etc.) can be utilized to add an additional pathway for yourself - of course, these policies themselves are subject to adjustment and require real-time attention.
2. Freedom of global mobility
   The visa-free, visa-on-arrival treatment of U.S. passports around the world is really realistic;
   This means that as an adult, your child will have many more options when it comes to internships, jobs, and travel.
3. Options in long-term family planning
   After the age of 21, the child theoretically has the opportunity to apply for dependent immigration on behalf of his or her parents;
   This is not an "immediate immigration channel", but an additional door to knock on if you really want to change your retirement environment at some point in the future.

The grossly exaggerated "Mabel Myth."

Again, there are some blown out of proportion parts that I still want to make clear ahead of time:

1. There's no such thing as "welfare on the ground."
   If the child does not live in the U.S. and pay taxes for a long period of time, he or she is not entitled to many local benefits;
   On the contrary, if families go ahead and apply for some low-income and welfare programs without fully understanding them, they may be left with a bad record in the future.
2. Surrogacy is not "double insurance" but a program with high investment and decision-making costs
   Especially with American surrogacy, the investment is often a down payment on a house;
   If a family has average financial stability, heavy expectations, and expects "a child to solve all their problems," then this is a very cautious path to take.

In the end:

As good as nationality looks, it's just a tool in a child's toolbox for life.
It is still the parents' vision, steady companionship and investment in education that determines how far their children will go in the future.

2025 Executive Order & Supreme Court: Uncertainty of Birthright Citizenship

Looking back at the year 2025, it's been a roller coaster ride for the entire "U.S. child birth + U.S. surrogacy community".

That executive order at the beginning of the year caused many families to panic instantly;
A series of lawsuits in the middle of the year gave us a little bit of a "cushion".

It is enough for us to talk about this matter to the extent that "you can make decisions" with a minimum of words.

EO 14160 What do you want to do? （What does EO 14160 want?)

On January 20, 2025, Executive Order 14160 (EO 14160) was signed by the new class.
Its core intent, translated in the vernacular, is:

"Birthright citizenship will no longer be automatically granted to children in the way it has been in the past to some families where the parents are in an illegal status or in certain temporary statuses."

It sought to tighten the scope of application of the jus soli principle by reinterpreting the words "subject to the jurisdiction of the United States".
That's why the entire industry was spinning the news overnight at the time.

What is its true status as of the end of 2025?

Here's the key:

The executive order is signed ≠ immediately on the ground.

In the United States, there is a "pull" between executive and judicial power.

The current (end of 2025) situation is:

• Several federal courts have issued injunctions against EO 14160, temporarily blocking it from taking effect;
• The U.S. Supreme Court has agreed to hear the case, and a final ruling is not expected until the summer of 2026.

That means:

Until the final ruling comes out, states continue to treat children born on U.S. soil under established rules in practice.

So, for families who are now pregnant, or whose surrogacy programs are already underway, the
The point of the discussion is not "will the child suddenly be denationalized", but rather:

• When are you planning on having the baby?
• Do you accept the kind of uncertainty that there may be changes in the rules after 2026?

The Legal Heart of Surrogacy in the U.S.: PBO and Birth Certificates

Many families preparing for American surrogacy ask two very practical questions:

"What if the surrogate mother backs out when the baby is born?"

"Will the birth paper have the surrogate mother's name on it, so that the child will see it all when he or she turns it over later?"

The answer is all hidden in one key tool: the PBO (Pre-birth Order).

What is PBO? Why is it so important?

In everyday terms, a PBO is a "court order that establishes paternity before the child is born".

• Usually in the middle of pregnancy, an attorney applies to the local court;
• The judge will review the surrogacy contract, the opinions of the attorneys for both parties, etc;
• Once the ruling is passed, it will be stated in the judgment:

"The legal parents of this child at birth are so-and-so couple (or single/partner), and the surrogate mother does not have custody or support obligations for the child."

With this document:

• The hospital will give the child directly to the intended parents after the birth, as ordered by the court;
• There will be no "surrogate mother holding on to the child" as in common movie and TV dramas.

Of course, the exact process and level of support varies from state to state, which is why picking a state and a law firm is so critical.

"De-surrogacy" and privacy on the birth paper

In many surrogate-friendly states (e.g., California, etc.), with a PBO, the birth certificate will be filled out according to this ruling:

• Father's column:Write to the father's name;
• Mother's column:Write to the mother's name (even if the pregnancy and birth did not take place in the U.S., or even if donor eggs were used);
• Surrogate Mother:It won't be on the birth paper.

This has two levels of relevance:

1. Protection of privacy
   When a child grows up, the birth paper alone is a document no different from that of an ordinary family;
   The choice of when and in what way to tell a child the truth goes back more to choices within the family.
2. Narratives are clearer when cross-country licenses are issued
   Taking this birth certificate or other documents with this birth certificate is closer to the average international student's family in terms of the appearance of the material;
   It does not mean "you can hide the fact of surrogacy", it just makes the initial presentation of the material more concise and the subsequent truthful answers to the questions more convincing.

Repatriation of surrogate U.S. babies: document risks and compliance advice

The preceding is more of a "smooth" process.
But as a consultant, I'm more concerned with: when things go wrong, where do they go wrong?

Theoretical qualification vs. substantive review

From a legal textual point of view, as long as it is satisfied:

• One or both parents are Chinese citizens;
• Not yet "settled abroad";

Then a child born by surrogacy is as eligible for a travel permit as a child born naturally.

But in practice:

• The consular visa officer will take into account the documents and the specific circumstances of the family;
• In some cases where surrogacy is clearly evident (senior parents, same-sex families, single fathers, etc.), additional supporting documentation may be required and scrutiny will be more rigorous.

This is not "against surrogacy", but more so because it involves the determination of nationality and paternity.
Visa officers are responsible for their decisions.

When the consulate asks for "proof of paternity" or medical records

A few common supplemental material requirements are:

• Hospital birth records (hospitalization, discharge summaries, etc.);
• The paternity report of the child and the parents;
• Relevant legal documents (e.g. translation of PBO, certified birth certificate, etc.).

These materials are great to have on hand if the intended mom is giving birth on her own.
However, in the case of surrogacy, some of the traditional "birth records" are not available and are needed:

• Prepare evidence such as a paternity test in advance under the guidance of an attorney;
• Ensure that all information submitted is consistent and not contradictory.

In the event of "inconsistencies in the documents" and "a contract for surrogacy when you claim to have given birth yourself".
There is a risk of being found ineligible for the issuance of a travel permit and shifting to arranging for the child's entry in the form of a visa.

This brings with it a whole host of subsequent problems: no hukou, need to renew visas as foreigners, education and healthcare on a different path ......
That's why the rigor of the preparation phase is so critical.

The balance between compliance and privacy: the bottom line is one thing - no faking it!

A few bottom line suggestions for surrogate families:

1. Honesty is the only bottom line.
   Whether it's to a U.S. agency, the U.S. government, or a Chinese embassy or consulate.
   There is no falsification of material or lying in official documents and questions and answers.
2. Let professional lawyers keep an eye on the situation
   Surrogacy involves the legal systems of both China and the United States.
   What materials should be provided voluntarily, what should be handed over when explicitly requested by the other party, and how should they be presented.
   All are recommended to be guided by a professional attorney rather than guessing on your own.
3. Be careful with "DIY licenses."
   Not saying you can't DIY, but be clear:
   When mistakes are made on important material due to inexperience, the consequences are often difficult to "fix" completely.

Route Comparison and Family Decision Table

With all that talk, it's time to get back to that most realistic of questions:

"Which path is appropriate for our family, really?"

Another slightly simplified table to help you get your thoughts straight.

Recommendations under different family portraits

Young couple, in good health, just trying to give their kids another path.

Prioritize in-person births in the U.S., leaving more of the budget for follow-up education.

Over 40 years of age, multiple unsuccessful IVF attempts, doctor's clear recommendation not to get pregnant again

Surrogacy in the United States deserves careful evaluation.
Time is more valuable than money, and after a certain window of time, there is less that can be done medically.

Stuck awkwardly in the middle of the budget (say 800,000-1100,000 RMB) and excited about U.S. surrogacy

This is a good time to consider **"Kyrgyzstan"or"Georgia (country)"** etc. cost-effectiveSurrogate countries(Although the child can not get U.S. citizenship, but solved the problem of fertility), or save up money to the United States. Don't be tempted by words like "low-cost U.S. surrogacy" and "underground channels".

Visa compliance, the bottom line for all routes

Whichever path you ultimately choose, there is a bottom line that is common:

Don't work on visas and entry.

• Don't listen to any of the so-called tricks that "teach you to pretend to be a tourist" and "P-picture your stomach";
• An honest visa and honest entry, while not necessarily the easiest path, is the least risky option in the long run.

A "fraudulent" record in the U.S. immigration system can have a significant impact on you and your children's ability to enter and exit the country for decades to come.

FAQ

Here are some of the questions I've been asked the most over the past two years.
I'll wrap it up with a short Q&A.

Conclusion:

Writing this, if you are still patient enough to read it, means that this matter is really important to you.

I want to help you wrap up this long post in the simplest of terms:

Whether you're traveling to the U.S. to give birth in person, or having a U.S. surrogate birth.
That one passport will always be just one tool in a child's life toolbox, not the whole thing.

It can:

• Give your child an extra path;
• Give families a long-term alternative;
• At some point, to help you guys take a few less detours.

But what it can't give is:

• A solid parent-child relationship;
• Parents' long-term stable companionship and education of their children;
• A truly grounded and warm family atmosphere.

If you guys have thought this through seriously:

• How this passport will probably be used in the future;
• Do you have the ability and willingness to accompany your children to a more complex but also wider world-

Then whichever path you end up choosing, I truly wish you all the best.