The U.S. State Department (DOS) has made it easier for U.S. citizens who used reproductive technology to confer U.S. citizenship to his or her child born while abroad. This also applies to same-sex couples. Under the new interpretation, children born abroad to married parents may be entitled to birthright citizenship as long as one parent is a U.S. citizen and the child is related either genetically or gestationally to one parent.
On May 18, 2021, DOS updated the interpretations for children born abroad to married parents who used IVF or a surrogate. Previously, DHS denied birthright citizenship to some children born overseas via IVF or surrogacy if the child was not genetically related to an American parent.
Children born abroad via surrogacy and other forms of reproductive technology using the sperm or egg of their non-American parent would still be entitled to birthright citizenship as long as their parents are married.
The State Department said in a statement the updated interpretation
“takes into account the realities of modern families and advances in [assisted reproductive technology].”
Same-sex marriage is legal in the United States and is recognized by the U.S. State Department and U.S. Citizenship and Immigration Services (USCIS). Family unity is one of the primary goals of immigration policy in the United States. An LGBTQ couple with a family is legally entitled to the same protections as a different-sex couple.
An experienced immigration lawyer can help same-sex couple families determine their eligibility for services, and the steps to take. Mario Godoy and the other immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. Call today at 312-736-0424.
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