State Dept to now give citizenship to assisted reproduction kids born abroad to American Parents

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Binman4OSU

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#1
The State Department will now approve U.S. citizenship for children born abroad to same-sex or heterosexual American parents via in vitro fertilization, surrogacy and by other assisted reproductive means.
Under the policy announced Tuesday, the child must be born abroad to married parents and at least one of the parents has to be a U.S. citizen. The child must have biological ties to at least one parent.
The State Department said this updated application of the Immigration and Nationality Act "takes into account the realities of modern families" and advances in assisted reproductive technology.
The new guidelines reverse a long-standing rule that considered children born outside the U.S. to a surrogate to be born "out of wedlock" even when the parents were married. The State Department also previously required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent.

Under the old standard, several same-sex parents had filed lawsuits to have their children declared U.S. citizens. The Trump administration lost two federal cases in as many years over the issue.

https://www.npr.org/2021/05/19/9981...twitter.com&utm_campaign=npr&utm_term=nprnews
 

UrbanCowboy1

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#2
I'm probably missing something here... but were children born out of country to American citizens not automatically citizens already? The above language would seem to refer to method of insemination, which I'm surprised to see is a qualification point at all. Lots of couples have help getting pregnant, why would overseas couples be any different?
 
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#3
I'm probably missing something here... but were children born out of country to American citizens not automatically citizens already? The above language would seem to refer to method of insemination, which I'm surprised to see is a qualification point at all. Lots of couples have help getting pregnant, why would overseas couples be any different?
Immigration and Naturalization Act 301 covers all the bases. Yes, this clarification is specifically addressing IVF/surrogate babies.
 

Binman4OSU

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Aug 31, 2007
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#4
I'm probably missing something here... but were children born out of country to American citizens not automatically citizens already? The above language would seem to refer to method of insemination, which I'm surprised to see is a qualification point at all. Lots of couples have help getting pregnant, why would overseas couples be any different?
The Trump admin State Dept refused to grant citizenship to ivf/surrogates children born abroad
Many gay American couples whose children born those ways abroad who were refused US citizenship got together to sue the State Dept under Trump because of this
 

cowboyinexile

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#5
The Trump admin State Dept refused to grant citizenship to ivf/surrogates children born abroad
Many gay American couples whose children born those ways abroad who were refused US citizenship got together to sue the State Dept under Trump because of this
This makes sense. The previous federal response was a Steve Miller call that Trump signed off on because he didn't care enough to pay attention to the implications of it.