Texas Lawmakers Want to Ban Foreign Nationals From Using Texas Surrogates
Texas lawmakers are exploring a ban on foreign nationals contracting with Texas surrogates to have children, connecting a niche fertility practice to the national debate over immigration and birthright citizenship. Lt. Gov. Dan Patrick assigned the Texas Senate health committee to examine the issue as an interim charge, ahead of the legislative session beginning in January 2027.
The Texas GOP formalized its position in its most recent party platform, backing a ban on commercial surrogacy for foreign nationals. The party’s argument is that children born to foreign nationals through Texas surrogates can claim U.S. citizenship, making surrogacy a pathway around immigration law.
Surrogacy experts say foreign nationals represent a small share of total surrogacy arrangements in the United States. The exact number is unknown because surrogacy contracts are private, and the federal government collects no data on surrogacy births.
Advocates Say the Foreign Ban Is a First Step Toward Restricting All Surrogacy
Surrogacy advocacy groups in Texas warn that targeting arrangements with foreign nationals could be the opening move toward a broader restriction. Among the most common users of surrogates are families dealing with fertility problems and LGBTQ+ families for whom surrogacy is often the only path to a biological child.
The risk extends beyond surrogacy itself. The Texas GOP’s most recent platform also called for ending public funding for IVF, which party officials describe as a “destructive practice” for embryos. Surrogacy depends almost entirely on IVF, because the process works by transferring an embryo to the surrogate carrier. Restricting IVF would functionally eliminate surrogacy as an option for most Texans.
“It’s important to ensure the public conversation around surrogacy reflects [the facts].”
Surrogacy advocate, quoted in Texas Tribune coverage of the Senate health committee hearing
No bill has been filed yet. The Senate health committee’s hearing is an exploratory step, gathering testimony before the 2027 session begins.
What You Can Do Now
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Contact Lt. Gov. Dan Patrick’s office at (512) 463-0001. Tell his staff you oppose an interim charge that treats surrogacy as an immigration loophole. Patrick assigned this inquiry and has direct influence over whether it becomes legislation in 2027.
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Call your Texas state senator at the Capitol switchboard, (512) 463-4630. Ask them to oppose any surrogacy ban, foreign or otherwise, and to reject the state GOP platform’s push to defund IVF. Identify your senator at capitol.texas.gov.
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Submit public comment to the Texas Senate Health and Human Services Committee. Written testimony from constituents is entered into the official record for interim hearings. Email the committee through the Texas Legislature’s public comment portal and name your opposition to a foreign surrogacy ban.
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Connect with Men Having Babies at menhavingbabies.org, a nonprofit tracking surrogacy legislation nationwide. They maintain state-by-state updates on bills affecting LGBTQ+ family-building rights.
Sources
Texas Tribune: Texas Lawmakers Explore Banning Foreign Nationals From Using Surrogates Texas Tribune: Texas GOP Platform Opposes IVF and Commercial Surrogacy for Foreign Nationals KFF: Surrogacy and Reproductive Technology Policy Tracker RESOLVE: The National Infertility Association, Surrogacy Policy Overview