What America

Is it Legal for foreigners to give birth in USA?

By PurpleD, June 22, 2017

IS it Legal?


“The Fourteenth Amendment to the United States Constitution guarantees U.S. citizenship to those born in the United States, provided the person is “subject to the jurisdiction” of the United States. Congress has further extended birthright citizenship to all inhabited U.S. territories except American Samoa. (People born in American Samoa get U.S. nationality without citizenship at birth.) Once they reach 21 years of age, as a birthright citizen, American-born children are able to sponsor their foreign families’ U.S. citizenship and residency” (Quote from Wikipedia)


While it is not illegal for a non-US citizen or permanent resident to have a child in the US. The problem only arises when the person does not pay for the cost of the birth of the child and allows Medicaid to cover the costs. There is actually an entire business sector designed around foreigners coming to the US and giving birth to US citizen children. Persons who have come to the States and given birth allowing Medicaid to cover the costs of the birth have had their visas revoked or have been denied the renewal of their non-immigrant visas.

GET THE EBOOK NOW ON AMAZON >Birth Tourism in USA: A Tourist Guide to Giving Birth in US

It is a fraud to enjoy government benefits meant for tax paying citizen because as a tourist you do not pay tax.

Below is a quote from the U.S. Customs and Border Protection website:


This is what it says:

“Although there are no specific regulations prohibiting pregnant foreign nationals from entering the U.S., entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer. If the CBP Officer determines that you are likely to become a ward of the government (meaning that the government must provide medical care because you do not have medical coverage), you can be denied entry.

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When determining if you will be allowed to enter the U.S., CBP Officers take into consideration the date your child is due for delivery and the length of time you intend to stay in the U.S. In addition, they want evidence that you have sufficient medical insurance to cover any medical necessities while you are in the U.S. and that you intend to return home.


If it is determined that you do not have sufficient medical insurance to cover any unexpected or expected medical care while in the U.S., you can be denied entry. Additionally, if you are pregnant and entering the U.S. at a border port of entry via vehicle, be aware the radiation detection portals deployed at the ports do not emit any radiation and do not present a hazard to you and your unborn child.


Wikipedia mentioned that some people “advocate for pregnant mothers to hide their pregnancies from officials and even commit visa fraud––lying to customs agents about their true purpose in the U.S Once they give birth, several ‘birth tourism’ agencies aid the mothers in defrauding the U.S. hospital, taking advantage of discounts reserved for impoverished American mothers. Some mothers will even refuse to pay the bill for the medical care received during their hospital stay”



Border post

US Border and protection post


Birth tourism is a part of a larger industry: that is Medical Tourism. Same way anyone from any part of the world may decide to travel out of his/her country to another for plastic surgery or dental care, a woman may choose to have her baby in the U.S.

So far she is truthful about the whole process, from the point of interviewing for the visa, to telling the truth about her intentions at the point of entry. And while in the U.S, ensuring she pay for all expenses accruing from her healthcare, without taking advantage of government benefits. It is not illegal to have your baby in the U.S.

As www.doctoresparati.com a maternity center rightly quoted on CNN, “There is no law that may impede this practice… For the majority of parents, the wellbeing of their children is a priority without limits.”

Book a 30min consultation with me here . 

I will answer some of your questions and also request.

Other services we render:

Assist in searching and locating hospitals and Doctors with previous experice with foreigners giving birth in USA with no insurance.

Assist in finding a proper accommodation that will suit your long term stay also having in mind people with same religion, race, tribe and language, Anything to make your stay comfortable and successful.

Book a consultation to discuss further. 



  1. Suzi says:

    Hello !

    Lot of Russian & Ukrainians are travelling to give birth to the baby’s in USA. Particularly in South Florida. Here in hollywood senior community owner (Russian) harboring Russians friends to stay here at his place for pregnant moms. He rent them for 2-3 months rental for $2000 for month. At —– street, Hollywood, FL 33—

What do you think?

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