When children are born abroad to parents who are US citizens, those children are also considered to be US citizens, despite the country of their birth. But that wasn’t the case with children born to same-sex couples, due to the need for assisted reproductive technology such as sperm donors, IVF, and surrogates. Now, the ruling has been changed and no longer hinges on whether the child is biologically related to the American parent.

The change was prompted by numerous lawsuits, and will likely affect hundreds of families who are either choosing to live outside the US because their children couldn’t get citizenship, or are fighting in court for their children to be recognized as US citizens. The new US Citizenship and Immigration Services (USCIS) policy states that children of married couples are eligible, if at least one parent is related to the child and at least one parent is an American.

It’s not clear exactly how many families will be affected by this change, or how many of them will choose to return to the US with their children. But there will now be the opportunity to do so, and to have citizenship for their children who were born in other countries. The reality of what makes up a modern family also prompted the change, since the original guidelines were created in 1952. Much has changed since then, in both assisted reproductive technologies and family dynamics.

Children who were born via surrogacy in another country, but to at least one American parent in a marriage, will now be able to live in the US as citizens, and not have to worry about their status going forward. That is a huge relief to many parents and their children, especially when the past concerns over citizenship and rights caused them so much stress. Now, all that has been lifted, and families can simply be families again.

Do you need help navigating your assisted reproduction journey? Our team of experts will carefully listen to you and tailor a comprehensive family-building plan to your specific wishes and needs. After a review of your assisted reproduction needs, we will draft any requisite contracts, provide you with a thorough legal consultation to explain the contract terms, and finalize your parental rights, if necessary. Contact us today to get started!