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What Should Taiwanese/Mainland Chinese Families Prepare for After the Birth of a Surrogate Baby in the U.S.?|Professional Guide

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For families choosing surrogacy in the United States, the moment their baby arrives safely is both a joyful milestone and the beginning of a new journey. However, the legal procedures, document applications, and arrangements for returning home are all interconnected and critically important. To help every parent confidently welcome their new baby, we’ve compiled a professional guide to help you navigate each step following the birth of your U.S. surrogate baby, paving a secure path for their future.

 

1️. Confirm the Baby’s Health – A Healthy Start to Life

After the baby is born, the surrogate and the baby are typically placed in separate rooms. At this time, a direct relative designated by court order or a Power of Attorney (POA) must be present at the hospital to care for the baby. Typically, the baby can be discharged 24 hours after a vaginal delivery or 48 hours after a C-section. The hospital will perform a comprehensive health assessment, including weight, height, and APGAR scores, to ensure the newborn’s vital signs are stable. Parents should stay closely in touch with the medical team to understand the baby’s condition and care needs. If necessary, consider hiring a professional newborn care team or staying at a postpartum care center to ensure the baby’s well-being and safety.

 

2️. Apply for the U.S. Birth Certificate – The Foundation of Legal Identity

The U.S. birth certificate is the fundamental legal identity document for the baby. It is applied with the assistance of the hospital before discharge. Hospital staff will provide forms for the baby’s legal guardians to complete — especially the names and birthdates of the parents and the baby's English name (accuracy is crucial as correcting errors takes about three months). The Social Security Number (SSN) is also requested on this form and will be mailed to the provided address. After submission, a temporary birth confirmation may be issued (not available if the baby is born on a weekend). The hospital submits the information to the local Vital Records office, which issues the official birth certificate — typically within a few weeks. You may collect it in person or request delivery online.

For Taiwanese families, note the following: Once the birth certificate is issued, it must be notarized, then authenticated by the state (Apostille), and finally certified by TECO (Taipei Economic and Cultural Office). These steps are essential for registering your child's nationality and household registration in Taiwan later on.

 

3️. Complete Parental Rights Transfer & Legal Document Preparation

U.S. surrogacy requires legal procedures to establish parental rights. Taiwanese families typically obtain a Pre-Birth Order or Post-Birth Order from the court to legally establish both parents' custody over the baby. This document is essential for applying for Taiwanese nationality, passport, and household registration, and must be kept secure and properly certified.

 

4️. Applying for a U.S. Passport

Once the birth certificate is obtained, you can apply for the baby’s U.S. passport. According to U.S. regulations, both parents must appear in person for a minor’s passport application — even if they are foreign nationals. If one parent cannot be present, a notarized DS-3053 consent form is required. Applications can be made at a Passport Acceptance Facility or at a USPS post office. Processing takes 2–3 weeks, but expedited options are available at federal buildings. Postpartum centers may assist with the process.

[Required documents] (first-time application as an example):

  • DS-11 Passport Application Form (filled online or by hand; Do not sign, only sign at agency)
     
  • Baby’s U.S. birth certificate (original and copy, must list both parents)
     
  • Parents’ IDs (passport or driver’s license – original and copy)
     
  • One passport photo (2x2 inches, white background, recent)
     
  • Passport fee
     
  • Additional authorization documents (if applicable)
     

After Returning to Taiwan: Household Registration & Health Insurance (For Taiwanese Families)

With the passport in hand, you may purchase flight tickets to return to Taiwan. It's recommended to wait until the baby is at least one month old before flying (extended reading: Can Newborns Fly?). If possible, waiting until 2–3 months is better. The baby may enter Taiwan on a U.S. passport as a foreign national and must complete Taiwanese nationality and household registration within 90 days.

As a child of Taiwanese citizens, the baby is entitled by law to:

Applying for a Taiwanese Passport: You will need to prepare a birth certificate (with dual authentication), court judgment documents, and proof of the parents’ Taiwanese identity.

Application for Entry Permit to Taiwan: Depending on the specific case, we will assist in applying for the necessary documents for entering Taiwan.

After completing the household registration in Taiwan, you can apply for a National Health Insurance card, allowing your baby to enjoy comprehensive social welfare benefits.

Since Jiaduobao has assisted many families from Mainland China, there are some differences in document processing compared to Taiwan. If you are parents holding Chinese nationality, please refer to the information below—it will be very helpful to you!
 

Travel Document Application (For Mainland Chinese Families)

For Chinese citizens who welcome a new baby via surrogacy or natural birth in the U.S., the baby automatically acquires U.S. citizenship by birth. However, under Article 5 of China’s Nationality Law, if both parents are Chinese citizens and have settled abroad, the child does not automatically acquire Chinese nationality. Therefore, the baby must apply for a Chinese Travel Document to enter China.

Travel Document Application Locations: The Chinese Travel Document must be applied for at the Embassy of China in the U.S. or at one of the Chinese Consulates General. The applicant must apply in person, though mail-in applications are also accepted.

 

Available locations include:

 

Embassy of China in the United States (Washington, D.C.), Consulate General of China in Los Angeles, Consulate General of China in New York, Consulate General of China in San Francisco, Consulate General of China in Chicago, Consulate General of China in Houston

The consulate you apply to depends on the jurisdiction of your place of residence.

Required documents:

  • Travel Document Application Form (download from the consulate website)
     
  • Baby’s U.S. birth certificate (original and copy)
     
  • Parents’ Chinese passports (original and copy)
     
  • Parents’ valid U.S. visas or green cards (copy)
     
  • Baby’s passport photos (white background, usually 2–4 as required)
     
  • Other supporting documents as requested (e.g., surrogacy agreement, court orders)
     
  • Parents’ 10-year travel record
     
  • Application fees
     

Application process:

  1. Online Appointment – Make an appointment through the consulate’s website.
     
  2. Document Preparation – Ensure all documents and photos meet the requirements.
     
  3. In-person Submission – Parents must bring the baby to the consulate for submission and verification.
     
  4. Pick-Up – Upon approval, documents are usually ready within 7–10 working days (expedited services may be available).
     

Travel Document Validity: Usually valid for 2 years, and must be reissued upon expiration. It is valid for one-time entry/exit to China (note limitations for return trips to the U.S.).

 

A Warm Reminder from Jiaduobao

Every family’s situation is unique — please consult with professional attorneys or consultants to ensure all procedures and documents are accurate.

Processing times for documentation, certification, and approvals can be lengthy. Plan early to avoid delays in bringing your baby home or completing legal registrations.

Jiaduobao Luxury Postpartum Center offers full-service support, including: POA assistance, Nationwide baby pickup from hospitals, Form filling, Hospital fee negotiation,  Birth certificate and document processing, Baby’s 1-on-1 care, Return-to-Taiwan arrangements
So you can welcome your child stress-free.

 


 
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