No. A person entering the U.S. is an alien until they establish otherwise. So, say the documentation and circumstances shows the child is an alien. The Inspector will admit the child into U.S. as such. The parents want their child to be "deemed" a U.S. citizen. They sue. This "inquiry" takes 2 years...say. Regardless of the outcome, from the time of entry to the moment of decision, the child will be an alien.
Uhh, I'm not saying they wouldn't, just that in either case the child's status will be established
by some form on inquiry.
Since there is no prior ruling on surrogacy cases, it would seem fairly impossible to know for sure what will happen until a precedent has been set.