Texas Cracks Down on Illegal Birth Tourism: What It Means

Texas Officials Target Birth Tourism Through Legal Actions Against Hospitals

In response to a U.S. Supreme Court ruling that reaffirmed birthright citizenship, Texas officials are intensifying their efforts to combat what they describe as “birth tourism.” This involves targeting healthcare providers suspected of facilitating the practice, which is defined as foreign nationals traveling to the U.S. to give birth in order for their children to automatically gain U.S. citizenship.

The Texas Health and Human Services Commission (HHSC) has requested an investigation by the Attorney General’s Office into two hospitals in the Rio Grande Valley — Mission Regional Medical Center and Knapp Medical Center — over allegations that they violated state or federal laws by purchasing a billboard that reportedly targeted foreign nationals. Governor Greg Abbott stated that U.S. citizenship should not be seen as something that can be bought or sold in Texas.

The Billboard Controversy

According to a social media post referenced in the HHSC referral letter, the billboard was found in Latin American countries and was displayed in Spanish, showing the cost of birth packages and including the name of Mission Regional Medical Center along with its social media channels. It also listed a phone number with the RGV area code and a website — havemybabyinTexas.com — both of which are no longer active. The HHSC suggested that the hospital had been advertising to foreigners since 2023.

Mission Regional Medical Center confirmed the use of the billboard but stated it is no longer in use to “prevent any misunderstandings.”

What Is Birth Tourism?

Birth tourism itself is not illegal. Giving birth on U.S. soil as a foreign national is not against the law, nor is the act of coming to the U.S. to give birth. However, cases of illegal birth tourism often involve businesses that facilitate fraud, such as visa fraud, according to the U.S. Department of Justice.

In April, Attorney General Ken Paxton sued a Houston postpartum care center, accusing the operators of coaching Chinese nationals on how to mislead immigration officials to travel to Texas for the purpose of giving birth. The operators denied the allegations in court documents, but their attorney did not respond to requests for comment.

Legislative Efforts and Concerns

State Republicans have long advocated for measures to eliminate birth tourism, and this issue is expected to be a focus in the upcoming legislative session. Governor Abbott has described foreign travelers coming to the U.S. under false pretenses to give birth as an illegal practice that exploits Texas’ hospitality.

Immigration attorney Kate Lincoln-Goldfinch noted that birth tourism is rare, as many pregnant women are turned away at ports of entry. She expressed concerns that as Texas continues to crack down on birth tourism, immigrants may avoid seeking medical care at hospitals.

Understanding Birthright Citizenship

Under the Fourteenth Amendment, a child born on U.S. soil is automatically a U.S. citizen, regardless of the parents’ immigration status. Hospitals enter the parents’ information into the state’s vital statistics system, and the county registrar issues a birth certificate. Birth certificates do not indicate whether a parent is a noncitizen.

Texas Crackdown on Birth Tourism

Texas officials are focusing on restricting healthcare providers who solicit foreigners to give birth in the state. They are also scrutinizing the use of Texas surrogates to carry children for foreign nationals.

At a recent Senate health committee hearing, a surrogate and an anti-surrogacy organization raised concerns about foreign nationals exploiting Texas surrogates through dishonest agreements. While the exact number of surrogacy births for foreign parents is unknown, there were 657 surrogacy births in Texas in 2025.

Potential New Laws

Lawmakers may push for increased scrutiny at ports of entry or during visa applications. There is also talk of banning foreign nationals from using Texas surrogates. Some lawmakers have indicated they would support legislation targeting foreign nationals using surrogacy services.

Governor Abbott and Attorney General Paxton’s legal actions could test who can be held responsible for birth tourism and what restrictions the state can impose on hospitals that receive public funding. One potential measure could be requiring foreign nationals to pay for maternal care in cash.

Ultimately, the Texas GOP aims to eliminate birth tourism by changing the Fourteenth Amendment to grant citizenship only to babies with at least one biological parent who is a U.S. citizen. According to conservative think tank official Chuck DeVore, this could open the door for new legislation.