The Birthright Citizenship Debate: How Trump's 2025 Birthright Citizenship Act Impacts Surrogacy
In this episode, we dive into the legal issues surrounding the Birthright Citizenship Act of 2025 and Executive Order No. 14160, issued by President Trump. These controversial measures aim to restrict automatic U.S. citizenship to children born on American soil—unless at least one parent is a U.S. citizen or lawful permanent resident. But what does this mean for children born through surrogacy, especially when the intended parents are international or if the surrogate is not a U.S. citizen or permanent resident?
We speak with Greenspoon Marder immigration partner Marcela Bermudez to unpack:
(1) The legal foundations of birthright citizenship under the 14th Amendment
(2) How the new policies could reshape the surrogacy landscape in the U.S.
(3) The risks of statelessness and legal limbo for newborns born in the U.S. via surrogacy
(4) What families and fertility professionals can do to prepare
Whether you're a legal expert, a hopeful parent or surrogate, or simply curious about the intersection of immigration and reproductive rights, this episode offers critical insights into a rapidly evolving issue.
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Featuring Marla Neufeld, Greenspoon Marder Surrogacy Partner and Marcela Bermudez, Greenspoon Marder Immigration Attorney
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To contact Marla, email marla.neufeld@gmlaw.com.
Social Media:
Instagram: @marlasurrogacylaw
LinkedIn: / surrogacy-attorney-fl
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Learn more about Marcela Bermudez at https://www.gmlaw.com/attorneys/marce...
To contact Marcela, email marcela.bermudez@gmlaw.com.
Social Media:
LinkedIn: / marcela-bermudez-5542b410
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Interested in being a guest on the podcast? Email marla.neufeld@gmlaw.com
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This content is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.
Who Do We Help?
Marla Neufeld, Esq., reproductive law and surrogacy attorney in Florida at the law firm of Greenspoon Marder LLP, personally experienced years of infertility and ultimately used a gestational surrogate to build her family. Marla is honored to represent married and unmarried couples (heterosexual and same sex) and individuals seeking to utilize various third party assisted reproductive technologies focusing her legal practice on surrogacy, egg/sperm/embryo donation, and adoptions.
Schedule a Consultation
Greenspoon Marder’s Surrogacy and Reproductive Technology Practice Group, lead by Marla Neufeld, Esq., assists our clients with all legal aspects of third-party reproduction and can assist with legal matters in Florida, California, New York, New Jersey, and Illinois.
200 E. Broward Blvd #1800-A
Fort Lauderdale, FL 33301
marla.neufeld@gmlaw.com
(954) 761-2929