Immigration Law

Transmission of American Citizenship Through ART - Update: Gary Endelman & Cyrus D. Mehta

"The Department of State has announced a major and most welcome policy shift to facilitate the transmission of American citizenship to children born outside the United States using Assisted Reproductive Technology (ART).  It will no longer be necessary in all such cases for the “mother “to have a genetic link to the child.  The Department has happily now recognized that American mothers can pass on citizenship to children to whom they give birth regardless of whose egg was used for conception.  The “mother” must be the legal mother at the time and place of the child’s birth and the gestational mother.  Under the new State Department policy, the biological mother can either be the genetic or the gestational mother; the biological father can obviously only be the genetic father." - Gary Endelman & Cyrus D. Mehta, Feb. 13, 2014.

Ed. note – This article updates information from a previous piece, “Answer Man: Assisted Reproductive Technology and U.S. Immigration Law.”