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The US Ends the Citizenship Policy for Children Born via Surrogacy

The State Department will now support the US citizenship for children born abroad to heterosexual American parents. Citizen Policy would no longer cap children born to either lesbians or gays via the process of In Vitro Fertilization or IVF, surrogacy, and other assisted reproductive means.

This policy was announced on Tuesday, the child should be born abroad and married parents, with at least one of the parents being a citizen of the US. The child must have genetic ties with at least one parent.The State Department further said that this updated request of the Immigration and Nationality Act considers the realities of modern families and developments in the assisted reproductive technologies.

The US Ends the Citizenship Policy for Children Born via SurrogacyThe new guidelines inverse a long-standing rule that earlier considered the children born outside of the US to a surrogate born out of marriage even when the parents were married. The State Department also stated that children born abroad should have a genetic relationship with US citizens. Under the old standard policy, several lesbian and gay parents had filed lawsuits to have their kids declared as US citizens. The Trump administration has lost two central cases in as many years over this issue.

In June 2020, a centralized judge ruled out that the State Department should recognize the daughter of a heterosexual couple as a US citizen since her birth took place in Canada via a surrogate mother the year before.Another such case involved twin boys who were born in Canada to same-sex parents. One child had genetic ties to his US citizen father, and he was granted citizenship, while his brother, with his ties to an Israeli-born father, was denied residency.

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