U.S. Citizenship Transmission and Assisted Reproductive Technology

August 24, 2021
Anna Buskila

Recognizing the realities of modern families and advances in assisted reproductive technology (“ART”), the State Department and United States Citizenship and Immigration Services (“USCIS”) both updated their interpretation and application of the requirements for acquisition of U.S. citizenship at birth.

Previously, to acquire U.S. citizenship at birth, children born abroad had to have a genetic or gestational relationship to a U.S. citizen parent. Now, a non-genetic, non-gestational U.S. citizen parent can transmit U.S. citizenship to the child if:

  • U.S. citizen parent is married to the child’s genetic or gestational parent at the time of the child’s birth, and
  • the relevant jurisdiction recognizes both parents as the child’s legal parents.

This change will allow increased numbers of married couples to transmit U.S. citizenship to their children born abroad. Children who meet these requirements, and whose application for a Certificate of Citizenship has been previously denied, may file a motion to reopen or reconsider the denial decision on a Notice of Appeal or Motion (Form I-290B).

Contact an attorney at Minsky, McCormick & Hallagan, P.C. if you have any questions about this topic or your case.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2023 Minsky, McCormick & Hallagan, P.C. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Minsky, McCormick & Hallagan, P.C.

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