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Original Date Announced
June 27, 2018DOS 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]
DOS Foreign Affairs Manual (8 FAM 304.3) Acquisition of U.S. Citizenship at Birth--Assisted Reproductive TechnologyEffective Date
June 27, 2018Biden Administration Action: Modified
May 18, 20212021.05.18 U.S. Citizenship Transmission and Assisted Reproductive Technology
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.
View DocumentBiden Administration Action: Modified
August 5, 20212021.08.05 Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes
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.
View DocumentCurrent Status
Fully in EffectMost Recent Action
August 5, 2021 Action: Modified 2021.08.05 Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship PurposesMay 18, 2021Acted on by Biden Administration
August 5, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Citizenship
