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

  1. Original 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]

    DOS Foreign Affairs Manual (8 FAM 304.3) Acquisition of U.S. Citizenship at Birth--Assisted Reproductive Technology
  2. Effective Date

    June 27, 2018
  4. Biden Administration Action: Modified

    May 18, 2021

    2021.05.18 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.

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  5. Biden Administration Action: Modified

    August 5, 2021

    2021.08.05 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.

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Current Status

Fully in Effect
May 18, 2021
Acted on by Biden Administration
August 5, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Citizenship
Agencies Affected: USCIS DOS

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