Bringing Baby Home: The Ultimate Guide to Obtaining a US Passport for Your Surrogacy Baby

Congratulations! Your little one has arrived. As the medical journey ends, the administrative journey begins. For international Intended Parents (IPs), securing legal documents is the final step before bringing your baby home.

While the process is bureaucratic, it is manageable with the right preparation. At Ivy Surrogacy, we have guided countless parents through this process. This guide will walk you through the forms, photos, and logistics to ensure you don’t face unnecessary delays.

🔑 Key Takeaways (Read This First!)

• The Baby Must Be Present: This is non-negotiable. Even if your baby is only a few days old, they must appear in person at the passport appointment with you. We have seen parents drive two hours to an appointment only to be turned away because they left the baby with a nanny.
• Download the Latest Forms: Government forms change. Always download the most current version of forms DS-11 and DS-3053 directly from the Travel.State.Gov website.
• Not All Post Offices Work: Do not assume every USPS location processes passports. You must find an authorized “Acceptance Facility” and check if they require an appointment.
• Clothing Matters: Since passport photos must have a white background, do not dress your baby in white. Dress them in a dark or bright color so they don’t “disappear” into the background!

1. Do You Need a US Passport Immediately?

Before rushing to the passport agency, consider your destination’s entry requirements.

• The “Travel Document” Exception (e.g., China): For many Chinese Intended Parents, the baby may not strictly need a US Passport to enter China. Instead, you will apply for a China Travel Document (旅行证) at the Chinese Consulate in the US. In this specific case, the US passport is not technically required for the flight home, though US law generally requires US citizens to depart using a US passport.
• Our Recommendation: Even if you can travel on a Travel Document, we highly recommend obtaining the US Passport while you are still in the US. It secures your child’s US citizenship status and makes future travel much easier.
• Overseas Applications: If you decide to leave without one, remember that US Embassies and Consulates abroad can also issue US passports later.

2. Where to Apply: Post Office vs. Passport Agency

Depending on your travel timeline, there are two main ways to apply.

Option A: The Acceptance Facility (Post Office / Clerk of Court)

Best for: Parents with flexible travel plans (departure is 4+ weeks away).

Important: Not every Post Office offers this service.

• How to find one: Use the official Passport Acceptance Facility Search Page.
• Tip: Filter by “Photo On-site” if you want them to take the photo (though for newborns, we recommend doing it yourself or at a pharmacy—see below).
• Process: Most locations require an appointment. Even with “Expedited Service,” this process involves mailing documents, so it takes longer than Option B.

Option B: The Regional Passport Agency (The “Urgent” Route)

Best for: Parents with international travel within 14 calendar days.

Process:

• You must make an appointment by calling the National Passport Information Center at 1-877-487-2778.
• When to call: While the rule states you should have travel within 14 days, you don’t necessarily have to wait until exactly the 14-day mark to call. However, you must be able to prove (via flight itinerary) that your travel is imminent when you arrive at the agency.
• Speed: This is the fastest method. You usually receive the passport the same day or the next day.

3. Documents Checklist: What to Bring

Please prepare the documents carefully. To be safe, we recommend bringing a clear, single-sided photocopy on 8.5″ x 11″ white paper for every document, just in case the agent requests it.

1. Form DS-11: The application for a US Passport. Complete it online and print it, or fill it out in black ink. (Original Only). Do not sign it yet!
2. Certified US Birth Certificate: Ensure it lists the Intended Parents’ names. (Bring Original + 1 Photocopy).
3. Parents’ IDs: Passports (for international IPs) or Driver’s Licenses. (Bring Original + 1 Photocopy of front and back).
4. Pre-Birth Order (PBO): Bring the certified original for reference. If the agent questions your parentage, this is your legal proof. (Bring Original + 1 Photocopy to be safe).
5. Passport Photo: One 2×2 inch color photo of the baby.
6. Payment: Checks or Money Orders are often required at Post Offices; Agencies usually accept Credit Cards. Check ahead.

4. Parental Consent Scenarios (Who Must Attend?)

US law is very strict about preventing international parental abduction. Therefore, both parents listed on the birth certificate must be present. Here is how to handle different scenarios:

Scenario A: Both Parents are Present

• Action: Both parents attend the appointment with the baby. Both sign the DS-11 in front of the agent.

Scenario B: Two Parents, but One is Absent

• Action: The attending parent brings the baby and their own ID.
• The Absent Parent: Must complete Form DS-3053 (Statement of Consent).
• Notarization: The absent parent must sign this form in front of a notary.
• Must Bring: The original notarized DS-3053 + a photocopy of the ID the absent parent used during notarization.

Scenario C: Single Parent (Listed alone on Birth Certificate)

• Action: The single parent attends with the baby.
• Must Bring: Proof of sole authority (e.g., The Birth Certificate listing only one parent, or a Court Order/PBO granting sole legal custody).

Scenario D: Both Parents Absent (Third Party/Guardian Applying)

• Action: If neither parent can be in the US, a third party (authorized person) brings the baby.
• Must Bring:

5. How to Take a Newborn Passport Photo

A rejected photo is the #1 reason for passport delays.

Option 1: Professional Services

Many major US retail chains offer passport photo services. However, call ahead to ask if they are comfortable photographing a newborn.

• CVS Pharmacy
• Walgreens
• Target (locations with photo centers)
• FedEx Office

Option 2: DIY (Do It Yourself)

If the baby is fussy, doing it at home is often easier.

• Clothing Tip: Do not wear white! The background must be white. If the baby wears white, they blend into the background. Dress the baby in a dark or bright solid color (blue, red, grey) for contrast.
• The Car Seat Method: Drape a plain white sheet over a car seat. Place the baby in it. Take the photo from above.
• Requirements:

6. Filling Out the Forms: Vital Tips

Social Security Number (SSN)

You likely do not have the SSN yet. Enter 000-00-0000 in the SSN box. You may need to sign a statement at the window declaring you have applied for it but not received it.

No Correction Fluid

Do not use “White-out” or cross things out. If you make a mistake on the DS-11, print a new page. The barcode on the form must be clear.

7. Useful Official Links

Save these links for your reference:

• DS-11 Application Form (PDF)
• DS-3053 Statement of Consent (PDF)
• Passport Acceptance Facility Search
• Passport Agency Appointment Info

FAQ

1. How long is the baby’s passport valid?

It is valid for 5 years. Passports for children under 16 cannot be renewed by mail; you must appear in person again for the renewal.

2. Can our surrogate sign for the passport?

No. Once the Birth Certificate is issued via the PBO, the surrogate is no longer the legal parent. Only the parents listed on the Birth Certificate can sign.

3. Does the baby need to open their eyes for the photo?

Ideally, yes. While the State Department says, “It is acceptable if an infant’s eyes are not entirely open,” a photo with eyes closed is more likely to be rejected. Try tickling their feet to wake them right before the snap.

4. What if I booked my flight but can’t get an appointment?

Appointment slots change constantly as people cancel. Persistence is key. We recommend you keep calling the National Passport Information Center or checking the online system frequently, especially in the early morning hours.

5. Do I need to bring the Pre-Birth Order (PBO)?

We highly recommend carrying the original PBO. While the Birth Certificate is the primary document, if a passport agent is unfamiliar with surrogacy or questions the birth certificate, the PBO is your legal proof of parentage.

6. Can I use a regular Power of Attorney (POA) for the absent parent?

Generally, no. The Passport Agency specifically requires Form DS-3053. A general POA is often rejected unless it specifically grants passport privileges and includes all data required on the DS-3053. Stick to the DS-3053 to be safe.

7. Where can I notarize the DS-3053 if I am outside the US?

You can do this at any US Embassy or Consulate (appointment usually required). In many countries, you can also use a local notary, but the document may need additional authentication (Apostille) depending on the country. The US Embassy is the safest option.

8. Should I apply for the Passport Book, the Card, or both?

You must apply for the Passport Book. This is the only document valid for international air travel to bring your baby home. The Passport Card is an optional “wallet-sized” ID, but it is only valid for entering the US by land or sea from Canada, Mexico, the Caribbean, and Bermuda. It cannot be used for air travel. Unless you specifically want a secondary form of ID, the Passport Book is all you strictly need.

Ready to Bring Your Baby Home?

Obtaining a passport is the final piece of the puzzle. At Ivy Surrogacy, we specialize in guiding Intended Parents through every hurdle—from the first medical screening to the final paperwork.

Whether you are just starting to explore surrogacy or are currently navigating the exit process, we are here to support you.

[Contact Ivy Surrogacy Today] – Let’s make your dream of family a reality.