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

The Department of State has issued information regarding US citizenship of children born with assisted reproductive technology.  Here is one statement: “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.) ”

The implications appear to favor a lesbian birth mother using the egg of her partner/spouse, however, it does not seem to shed any new light upon surrogate mother births for gay male couples.

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