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Lambda Legal Celebrates 25th Anniversary of Southern Regional Office
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US expands citizenship for children born abroad in win for same-sex couples
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US expands citizenship for children born abroad in win for same-sex couples
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May 26, 2021 at 3:23 PM
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It’s about time. For years, we have witnessed cases of families threatened to be ripped apart by a bizarre interpretation of the immigration code by the U.S. government. On May 18, 2021, the Department of State announced that it had updated its interpretation, and its application of the immigration code in order to take into account “the realities of modern families and advances in ART (assisted reproductive technology)” from when the law was enacted in 1952.
What Was The Problem?
One of the first and most prominent cases under the previous administration’s interpretation of the immigration code became high-profile news with the Dvash-Banks twins. The dads were a married couple living in Canada when the babies were born, conceived with the assistance of an egg donor and surrogate. As shown on the babies’ birth certificates, and per Canadian law, both dads were equally parents of both of their twin children. However, when the family look
Simone Mize-Gregg, with her parents Derek Mize and Jonathan Gregg – Photo: Lambda Legal.
The U.S. State Department will begin recognizing the citizenship of children of legally married same-sex couples born abroad via assisted reproductive technology.
Ned Price, a spokesperson for the State Department, announced that the department would be updating its interpretation and application of Section 301 of the Immigration and Nationality Act, which establishes requirements for acquisition of U.S. citizenship at birth.
The decision to update the department’s interpretation was fueled by several lawsuits brought over the past few years by same-sex couples whose children were denied citizenship because the State Department, under the Trump administration, refused to acknowledge the legality of the parents’ marriages, treating the children of such unions as having been born “out of wedlock.”