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State Department will recognize citizenship of children born abroad to married same-sex U S residents

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.”

State Dept stops denying US citizenship to children born through in vitro, surrogacy

State Dept. stops denying US citizenship to children born through in vitro, surrogacy On Location: May 19, 2021 Replay Video UP NEXT The State Department will now grant U.S. citizenship to children born overseas to same-sex and heterosexual American couples through in vitro fertilization, surrogacy and other assisted reproductive technology, the agency said Tuesday, notifying all U.S. posts overseas and Congress of the historic change. The new policy comes after the agency has recently faced several lawsuits brought by same-sex couples suing for their children s citizenship losing two federal cases last year. The Trump administration had been fighting those losses, including by filing an appeal last August, and defending what had been longstanding U.S. policy that considered children born abroad to a surrogate to be born out of wedlock even when a couple was married.MORE: State Dept. fighting to deny US citizenship to gay couple s child

State Dept ends policy denying US citizenship to children born through in vitro, surrogacy

fstop123/iStock (WASHINGTON) The State Department will now grant U.S. citizenship to children born overseas to same-sex and heterosexual American couples through in vitro fertilization, surrogacy and other assisted reproductive technology, the agency said Tuesday, notifying all U.S. posts overseas and Congress of the historic change. The new policy comes after the agency has recently faced several lawsuits brought by same-sex couples suing for their children s citizenship losing two federal cases last year. The Trump administration had been fighting those losses, including by filing an appeal last August, and defending what had been longstanding U.S. policy that considered children born abroad to a surrogate to be born out of wedlock even when a couple was married.

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