Surrogacy is legal in some states in the United States, but currently, China does not recognize the legality of surrogacy. Therefore, you may encounter various issues when processing your child's birth certificate. First, it’s important to understand U.S. surrogacy laws. Surrogacy laws are state-level, not federal, and the legality of surrogacy varies from state to state. In some states, surrogacy is legal, while in others it is illegal, and many states fall somewhere in between. Even among states where surrogacy is legal or illegal, the degree of regulation differs. Since the Chinese government does not currently recognize the legality of surrogacy, you may sometimes be required to submit extensive documentation, such as paternity tests, DNA reports, surrogacy agreements, and ultimately sign affidavits.
For babies born via surrogacy in the United States, whether carried by the intended parents or a surrogate mother, the birth certificate, passport, and travel document (or visa) are the same, with no mention of surrogacy, egg donation, or sperm donation.
After obtaining the birth certificate, the process of applying for documents begins. The time required to complete the birth certificate varies by state. In some states, the surrogate mother’s name may initially appear on the birth certificate but will not be printed. A lawyer must use relevant documents to change the name to the intended parents’ before it is printed, which can take longer.
After completing IVF and surrogacy in the United States, babies born in the U.S. need to obtain five key documents: the birth certificate, U.S. Social Security card, U.S. passport, and Chinese travel document. The birth certificate must undergo consular authentication (three-level certification) to be used in China.
We provide birth certificate processing services for those coming to the U.S. for childbirth or IVF, covering all 50 states. Our services include birth certificate application, Secretary of State authentication, U.S. Department of State authentication, and consular authentication. If you have any questions,
