A policy analyst from The Heritage Foundation, Emma Waters, has called for federal restrictions on reproductive tourism in the United States, including in vitro fertilization (IVF) and genetic screening for foreign nationals. The proposal follows a June Supreme Court ruling that affirmed the 14th Amendment’s guarantee of birthright citizenship for children born on American soil. Waters argues that the current lack of regulation allows the U.S. to operate as a global market for reproductive services that are restricted or banned in other developed nations.
The U.S. reproductive industry currently operates with few federal or state regulations beyond Food and Drug Administration (FDA) screenings for infectious diseases. This environment has attracted patients from 182 countries who seek services such as non-medical sex selection, anonymous egg donation, and advanced genetic testing. According to national IVF registry data cited by Waters, non-U.S. residents accounted for 59,246 assisted reproductive technology cycles between 2014 and 2022, with China accounting for 19,718 of those cycles.
Clinics across the U.S., particularly in California and New York, actively market to international clients by offering "concierge packages" that include legal coordination, interpreters, and airport transfers. These facilities often highlight services like "gender selection" and egg donation, which Waters notes are frequently limited or unavailable in the clients' home countries. Under current rules, foreign nationals can enter the U.S. on B-2 medical visas or travel authorizations to access these clinics or ship embryos into the country for testing.
For an ordinary person, the outcome of this policy debate could change how fertility clinics operate and who can access their services. If restrictions are implemented, foreign nationals would notice changes in their ability to secure medical visas for IVF or surrogacy, and they might be barred from using U.S.-based genetic screening to select the sex or traits of an embryo. Domestic donors would see a change in the market for their genetic material, as many agencies currently categorize and sell donor eggs to international buyers based on physical and academic traits.
The policy discussion also centers on the knock-on effect of birthright citizenship. Because the Supreme Court recently upheld the right to citizenship for those born in the U.S., any foreign national completing a successful surrogacy or birth here automatically secures a U.S. passport, Social Security number, and federal benefits for the child. While lawmakers have focused on banning foreign nationals from using American surrogates, no specific federal legislation has been passed to restrict the broader IVF or genetic testing markets as of August 2026. What happens next depends on whether Congress introduces bills to regulate these specific reproductive technologies or the movement of human embryos across borders.