USCIS Updates Policy Guidance on ART and In-Wedlock Determinations

USCIS updated guidance in the USCIS Policy Manual regarding the determination of whether a child born outside the United States, including a child born through Assisted Reproductive Technology (ART), is considered born “in wedlock” for immigration and citizenship purposes. Guidance is effective 8/5/21 and comments are due by 9/7/21.

This policy update will allow a non-genetic, non-gestational legal parent of a child to transmit U.S. citizenship to the child if the parent is married to the child’s genetic or gestational parent at the time of the child’s birth, and the relevant jurisdiction recognizes both parents as the child’s legal parents.