Date AnnouncedJune 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
Effective Date of ChangeJune 27, 2018
Biden Administration ActionMay 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