About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


1 1 (December 10, 2020)

handle is hein.crs/govddau0001 and id is 1 raw text is: Research Servi Assisted Reproductive Technology, Surrogacy, and U.S. Citizenship for Children Born Abroad December 10, 2020 Assisted reproductive technology (ART) and surrogacy have made parenthood possible for persons who, for varied reasons, cannot reproduce through more traditional means. The increased use of ART and surrogacy have raised novel legal questions throughout U.S. law. One issue concerns U.S. citizenship eligibility for children born abroad to a U.S. citizen parent through ART or surrogacy. The Department of State (DOS) has interpreted the Immigration and Nationality Act's (INA's) provisions governing derivative citizenship to require a U.S. citizen parent to have a biological relationship with a child born outside the United States. This interpretation has been successfully challenged in recent court cases brought by same-sex couples whose child was born abroad through ART or surrogacy. At the time of this Sidebar, DOS has opted not to appeal these decisions, leaving some uncertainty about DOS policy going forward. This Sidebar examines the statutory framework governing derivative citizenship at birth for persons born abroad to a U.S. citizen parent, current DOS interpretation and application of this framework to foreign births using surrogacy or ART, and the implications of recent legal challenges. Statutory Framework As the Supreme Court observed more than a century ago, U.S. law recognizes two sources of citizenship, and two only: birth and naturalization. The Fourteenth Amendment's Citizenship Clause guarantees birthright citizenship to all persons born ... in the United States, and subject to the jurisdiction thereof. Those not born in the United States may still acquire citizenship by birth as provided by Acts of Congress. Sections 301 and 309 of the INA, codified in 8 U.S.C. §§ 1401 and 1409, set forth derivative citizenship rules for persons born abroad with at least one U.S. citizen parent. The eligibility requirements differ depending on whether one or both parents are U.S. citizens; whether the child is born in or out of wedlock; and whether a U.S. citizen parent has satisfied an applicable physical presence requirement. Congressional Research Service https://crsreports.congress. gov LSB10560 CRS Legai Sidebar Prepared for Members and Comm :tees o Congress ---------------------------------------------------------------- ----------