Birth Tourism – Family Council

Texas Lawmakers Look at Prohibiting Foreign Surrogacy Contracts, Protecting Children

Jul 15, 2026Jerry CoxBioethics, SurrogacyBioethics, Birth Tourism, Commercial Surrogacy, Surrogacy

Last week, lawmakers in Texas reportedly looked at the possibility of prohibiting commercial surrogacy contracts with foreign nationals.

In commercial surrogacy contacts, corporate agencies hire women to carry children for paying customers. But recent news stories and congressional testimony have highlighted how some of these paying customers may actually be from foreign countries. Because the children are born on U.S. soil, they are American citizens, but they may be immediately taken from the U.S. to be raised in China or another country. As a result, policymakers have begun voicing serious concerns about this issue.

The Texas Senate reportedly is among those looking at how to address surrogacy contracts involving people in other countries.

Last Wednesday, the Texas Senate Health and Human Services Committee met to examine “the unethical and foreign interests exploiting the surrogacy and fertility industries in Texas” as well as “recommendations to end this exploitation and related harm to patients and children.” If Texas moves forward with legislation, it could prohibit foreign nationals from paying surrogates in Texas to have children.

In June, the Republican Party of Texas added the issue to its platform, writing:

“Child First Conception Act: We support a ban on contract surrogacy involving foreign nationals, which may involve a form of trafficking and may lead to claims of citizenship. We also support prohibiting third-party egg and sperm donations and the commercialization of human reproduction in Texas; and support policies that promote the welfare of children, medical transparency, and the protection of biological parents.”

Arkansas U.S. Senator Tom Cotton and Florida U.S. Senator Rick Scott recently urged the U.S. Department of Justice to investigate surrogacy centers operated by foreign nationals.

In a letter to the U.S. Attorney General, both senators wrote,

“Recent reports have uncovered more than 107 Chinese-owned surrogacy agencies operating in Southern California alone. These agencies cater almost exclusively to wealthy Chinese clients, and some are affiliated with Chinese state-owned entities. Chinese nationals pay women living in the United States more than $50,000 to serve as surrogates. The children are born on United States soil and granted automatic citizenship. And in most cases, the infants are promptly flown to China and raised there under the direct influence of the Chinese Communist Party.”

We have written many times about how commercial surrogacy is a largely unregulated industry that exploits women and hurts children.

Unlike many other countries, the United States has relatively few restrictions on surrogacy. That is a serious problem.

Surrogacy is bad enough when it goes wrong, but does surrogacy ever “go right”?

Social commentators and policymakers worldwide have pointed out how commercial surrogacy financially pressures women.

It treats pregnancy like a “service” in which women can be “hired” or “fired” as surrogates.

It deliberately deprives children of their biological mothers or fathers.

And it treats children like products that can be made to order and sold for profit.

Our laws must put children first. People aren’t products. That’s part of the reason Family Council has opposed commercial surrogacy in Arkansas.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Investigation Shows Birth Tourism Centers Operating on American Soil

A new investigation shows Chinese birth tourism centers are operating on U.S. soil — and the problem may be bigger than most Americans realize.

We have written repeatedly how commercial surrogacy laws in the U.S. make it possible for corporations and wealthy couples pay women thousands of dollars to carry children for them, and news outlets report Chinese nationals are exploiting America’s largely unregulated surrogacy industry to acquire children born in the U.S. with U.S. citizenship. But concerns over “birth tourism” are growing in other ways.

The Daily Wire recently visited several homes in Houston that the State of Texas says are helping Chinese nationals travel to the U.S. on tourist visas “for the sole purpose of giving birth.” The homes are tied to a birthing center that has allegedly facilitated the births of more than 1,000 American-born babies who are then taken back to China. Because the children are born on U.S. soil, they receive birthright citizenship — even though the parents intend to raise the children in China.

This is not a small or isolated problem. Peter Schweizer, President of the Government Accountability Institute, testified before the U.S. Senate in March that between 750,000 and 1.5 million Chinese babies have been born in the U.S. specifically to obtain American citizenship — with the intention of being raised in China. In his testimony, Schweizer said:

These individuals grow up in China, often educated in CCP-controlled schools with distorted views of U.S. history, values, and culture. They have no lived connection or demonstrated allegiance to our country, yet they possess full rights as U.S. citizens: the ability to vote in elections, relocate here at will, and—upon turning 21—sponsor their parents as permanent residents.

In his testimony, Schweizer also pointed out how some birth tourism is carried out by people traveling to the U.S. on tourist visas while other birth tourism is committed by hiring commercial surrogates to bear children in the U.S.

Birth tourism wrongly exploits birthright citizenship, which is a legal principle meant to protect people born in the U.S. When it’s done in conjunction with commercial surrogacy, it also demeans women and children.

Commercial surrogacy deliberately deprives children of their biological mothers or fathers.

It treats pregnancy like a “service” that can be purchased.

It treats women like commodities, and it treats children like products that can be made to order and sold for profit.

That’s part of the reason Family Council has opposed commercial surrogacy in Arkansas.

Human beings are not products that can be made to order, bought, or sold. Our laws need to respect that fact. Policymakers should take steps to address commercial surrogacy and “birth tourism” in America.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.