DOS Updates Information for U.S. Citizens Considering the Use of Assisted Reproductive Technology (ART) Abroad

DOS Updates Information for U.S. Citizens Considering the Use of Assisted Reproductive Technology (ART) Abroad

"Transmission of U.S. citizenship at birth to a child born abroad is governed by Immigration and Nationality Act (INA) Sections 301 and/or 309.  The Department of State interprets the INA to require a U.S. citizen parent to have a biological connection to a child in order to transmit U.S. citizenship to the child at birth.  In other words, in order to transmit U.S. citizenship to a child conceived through Assisted Reproductive Technology (ART), a U.S. citizen father must be the genetic parent and a U.S. citizen mother must be either the genetic or the gestational and legal mother of the child at the time and place of the child’s birth.  (A gestational mother is the woman who carries and gives birth to the child.)" - DOS, undated.