Assisted Reproductive Tech and Derivation of U.S. Citizenship

The State Department announced an update to the USCIS Policy Manual. Now, children born abroad to at least one U.S. citizen married parent will be considered a U.S. citizen
at birth as long as there is a genetic or gestational tie to either of the parents (and of course, the U.S. citizen parent meets the residency/ presence requirements of the citizenship statute). This policy applies retroactively to the effective date of the 1952 Immigration and Nationality Act. This change comes after some denials due to some surrogacy failed DNA tests.
The detailed article can be found attached. If you have any questions regarding this policy change, please reach out to one of our attorneys from today.