Giving birth in the US: a child's citizenship in 2026

Birthright citizenship in the US was debated for a year and a half: a presidential order of January 2025 tried to restrict it. In the summer of 2026 the Supreme Court settled the question.

The Supreme Court ruling

Executive Order 14160 of 20 January 2025 denied citizenship to children whose parents are in the US unlawfully or temporarily. On 30 June 2026, in Trump v. Barbara, the Supreme Court ruled otherwise: such children are subject to US jurisdiction and are citizens at birth under the Fourteenth Amendment. Chief Justice John Roberts wrote the opinion of the Court, and four other justices joined it.

Can you travel to give birth on a tourist visa

No. State Department rules (22 CFR 41.31) exclude from the purposes of a tourist visa a trip whose main purpose is obtaining US citizenship for a child. If the consul believes the applicant will give birth during the trip, the rules presume that is the purpose.

Medical treatment on a B2 visa

Medical treatment is on the list of tourist visa purposes. The consul will refuse under section 214(b) unless you show:

• a legitimate reason to be treated in the US;
• that a doctor or clinic in the US has agreed to treat you;
• an estimate of the length of the trip and all the costs;
• lawful funds for the treatment, travel and living expenses.

These conditions apply to any treatment. If giving birth for citizenship is behind it, the rule on the purpose of travel applies. How a 214(b) refusal works is covered in a separate article.

What citizenship gives the child and the parents

The law counts parents as immediate relatives of a citizen only once the citizen is 21. Other family routes are in the guide to family immigration to the US. If you're choosing a visa for a trip, a specialist in the US visa can help.