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Obtaining a passport for a child born through surrogacy

by Fertility & Surrogacy Legal Group, APC | Nov 27, 2023 | International Surrogacy, Passports & Travel

If you have had a baby through surrogacy in California or anywhere in the United States or even overseas, you may need assistance with obtaining a passport for your newborn.

The first step is generally to obtain your child’s birth certificate. The birth certificate will indicate that you and your partner are the parents of the baby and will not include the name of the surrogate or any other information about the surrogacy.

Once you have the birth certificate, you may proceed with the passport application for a child under the age of 16. To ensure your application is accepted, you should make sure you provide all the necessary documentation and follow the required steps. Here are some of the main steps you will have to take:

  • Fill out form DS-11.
  • Provide evidence of your child’s U.S. citizenship by submitting your child’s original birth certificate that meets all the criteria and a photocopy of the birth certificate.
  • Provide evidence showing that you are the parents of the child (e.g., birth certificate or court order).
  • Present a valid I.D. (e.g., unexpired driver’s license) and a photocopy of your I.D.
  • Make sure both parents are present and consent to the passport. If one parent does not consent or is unavailable, you will need to present additional documentation.
  • Provide a photo of your child that meets all requirements.
  • Pay necessary fees.
  • Submit your final application.

Obtaining a passport for a child born to a surrogate can be challenging, especially if the child was born overseas to a parent who is a U.S. citizen. An attorney specializing in surrogacy and donation agreements can help you with each stage of the surrogacy process, from the initial stage of drafting and signing your contract to the final stage of obtaining documentation for your child.