After a few years of lawsuits introduced by same-sex {couples} suing for his or her kids’s citizenship, the Division of State introduced that it’s going to now grant U.S. citizenship to kids born overseas via in vitro fertilization, surrogacy, and different assisted reproductive expertise. Previous to this historic change in coverage, kids born overseas by way of surrogacy had been thought of “out of wedlock” even when the couple was married. This earlier stance ignored the realities of recent households and unnecessarily separated households for extended durations of time as they pursued different avenues for legalizing their kids.
As of Tuesday, all U.S. diplomatic posts have been knowledgeable to grant citizenship to those kids IF their dad and mom are legally married and the kid has a genetic or gestational tie to 1 guardian (so long as the U.S. citizen guardian can meet the opposite present necessities for transmitting citizenship). This coverage can be retroactive, subsequently permitting {couples} beforehand denied citizenship to reapply. For extra data on citizenship for a kid born overseas via ART, go to the Division of State web site under or schedule a session. Be taught extra right here.
Antonini & Cohen
At Antonini & Cohen, we now have been offering energetic, efficient and aggressive illustration in all areas of American immigration legislation since 1991.