No! We don;t need to. See? The child is born foreign. There is no need to point to any surrogacy....it isn;t addressed and doesn;t need it.

Forget this surrogacy issue for a moment. Think foreign born. Now, the onus is on the parent. The child is not subject to jus soli.... place of birth (in this instance, America or foreign). It's very simple, but we're complicating the matter by assuming what a court "might" do.

The law stands without court interpretation. In order to move the court to interpret, the PARENTS must initiate the action. See? The Government already has. See above posts for foreign born children.