U.S. Citizenship Not Conferred to In Vitro Babies from Non-American Donors and Who Are Born Abroad

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“A child born to a U.S. citizen overseas through the increasingly common practice of in vitro fertilization with embryos from donor eggs and sperm is not American, unless an American is one of the donors.”  In general, to pass citizenship on to a child, there must be a biological link, or the child must be legally adopted.  “The U.S. State Department says it is merely following proper interpretation of the law, but it is studying whether it can interpret the Immigration and Nationality Act to allow U.S. citizen parents’to transmit American citizenship to their children born abroad through artificial reproductive technology in a broader range of circumstances.'”

UPDATE 02/09/2014:

“There has been a recent policy change related to children born abroad
through assisted reproductive technology (ART). The previous policy
required that a mother have a genetic connection to a child in order
to qualify as a parent for the purpose of obtaining immigration
benefits. Under the new policy, birth mothers (gestational mothers)
who are also the legal parent of the child will be treated the same as
genetic mothers for the purposes of immigration benefits.”

http://www.aila.org/content/default.aspx?docid=47390&utm_source=AILA+Mailing&utm_campaign=2176380e9c-AILA8_2_7_14&utm_medium=email&utm_term=0_3c0e619096-2176380e9c-290775505

For more information about me and my practice, please visit my website at www.alanoimmigrationlaw.com.

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