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Updated: Dec 2, 2022

After many years of lawsuits brought by same-sex couples suing for their children’s citizenship, the Department of State announced that it will now grant U.S. citizenship to children born abroad through in vitro fertilization, surrogacy, and other assisted reproductive technology. Prior to this historic change in policy, children born abroad via surrogacy were considered “out of wedlock” even when the couple was married. This previous stance ignored the realities of modern families and unnecessarily separated families for prolonged periods of time as they pursued other avenues for legalizing their children.

As of Tuesday, all U.S. diplomatic posts have been informed to grant citizenship to these children IF their parents are legally married and the child has a genetic or gestational tie to one parent (as long as the U.S. citizen parent can meet the other existing requirements for transmitting citizenship). This policy is also retroactive, therefore allowing couples previously denied citizenship to reapply.  For more information on citizenship for a child born abroad through ART, visit the Department of State website below or schedule a consultation. Learn more here.

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