Hageman's Case for Trump to Close Birth Tourism and International Surrogacy Loopholes
Source: Jordan Boyd. "Hageman: Here’s How Trump Can Close Birth Tourism Loopholes." August 21, 2026. thefederalist.com
The Gist
Rep. Hageman argues that Trump's current policies aren't strong enough to stop foreigners—especially wealthy Chinese nationals—from using American surrogacy services just to get their babies U.S. citizenship. She wants Trump to use his executive power to ban visas for people involved in these schemes and to crack down on the fertility agencies that facilitate them, citing a troubling case of an abandoned surrogate baby and national security concerns about ties to China.
Conclusion
President Trump should take additional executive action beyond his August 6 order to close birth tourism loopholes by restricting foreign nationals' use of international surrogacy and holding U.S. fertility agencies accountable, in order to protect children, prevent exploitation, and safeguard national security.
Premises
- Existing executive action (the August 6 order barring citizenship for children of 'alien enemies') and DOJ enforcement against fraudulent birth tourism schemes are insufficient to stop exploitation of birthplace citizenship laws.
- International surrogacy arrangements are often planned by foreign nationals, particularly from China, before they even enter the U.S., with American surrogacy agencies facilitating the process.
- The Kyla Simpson case demonstrates that surrogacy can result in abandoned children and exploitation of surrogate mothers due to cultural differences, language barriers, and inadequate oversight.
- Over 107 Chinese-owned surrogacy agencies in Southern California cater to wealthy Chinese clients, some linked to Chinese state-owned entities, raising national security concerns.
- Major fertility industry organizations (ASRM, SART, RESOLVE, SEEDS) have failed to establish adequate standards to prevent abuse and maintain suspect ties to Chinese medical professionals through groups like ASRM's Chinese Special Interest Group.
- The Immigration and Nationality Act gives the president broad authority to restrict entry of foreign nationals deemed 'detrimental to the interests of the United States,' which could be used to deny visas to those exploiting surrogacy for citizenship purposes.
Assumptions
- International commercial surrogacy is inherently harmful to children's rights and constitutes exploitation of women, rather than a legitimate reproductive choice.
- Foreign nationals' use of birthright citizenship via surrogacy constitutes a meaningful national security threat rather than an isolated or minor issue.
- Executive and administrative action (visa denials, agency accountability measures) can effectively curb this practice without requiring new legislation.
- The fertility industry's continued relationships with Chinese entities are suspect or improper rather than benign international professional exchange.
- The scale of the problem (as evidenced by ~107 agencies and anecdotal cases) is significant enough to warrant broad new restrictions rather than targeted fixes.