If the child is born to Indian surrogate parents (mother), regardless of who the biological (sperm donating) father is, the child is NOT (repeat NOT) a U.S. citizen.
Is this just your opinion, or can you point to a case where this has already been decided by a court?
Niether. It's federal law. Specifically, beginning with the Immigration and Nationality Act of 1952 and carrying forward through several revisions snice then. It's what I do for a living.
ANY law can be challanged in a court. ANY law. The issue is not whether it might be challenged, or should be challenged, or could be decided by a District Court, or an appelate Court...... the issue is, what is the current law.