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DOS issues guidance for addressing citizenship claims for children of U.S. Citizen gestational mothers.

  1. Date Announced

    June 27, 2018

    DOS makes an exception to the requirement that a child show a genetic relationship with a U.S. citizenship parent in order to acquire U.S. citizenship from that parent. The guidance establishes avenues for addressing citizenship claims for children of U.S. citizen gestational mothers who are the legal mothers of the children to whom they give birth. [ID #625]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    June 27, 2018
  3. Biden Administration Action

    May 18, 2021

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    On May 18, 2021, DOS announced a change in interpretation of the INA so that "Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, will be U.S. citizens from birth if they have a genetic or gestational tie to at least one of their parents and meet the INA’s other requirements." The genetic or gestational tie no longer must be to the U.S. citizen parent.

    2021.05.18 U.S. Citizenship Transmission and Assisted Reproductive Technology
  4. Biden Administration Action

    August 5, 2021

    On August 5, 2021, The Biden administration updated the USCIS Policy Manual to reflect the Biden administration policy identified in this entry. Volume 12: Citizenship and Naturalization, Part H, Children of U.S. Citizens (Chapters 2, 3, 4, and 5); and Volume 6, Immigrants, Part B, Family-Based Immigration, Chapter 8, Children, Sons, and Daughters were changed.

    2021.08.05 Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes

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