DOS Updates Position on U.S. Citizenship Transmission and Assisted Reproductive Technology

DOS announced that it is updating its interpretation and application of §301 of the INA, which establishes the requirements for acquisition of U.S. citizenship at birth. Per DOS, children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, will be U.S. citizens from birth if they have a genetic or gestational tie to at least one of their parents and meet the INA’s other requirements. Previously, DOS interpretation and application of the INA required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent.