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The Atlantic
The IVF Cases That Broke Birthright Citizenship
The U.S. had to rethink its definition of parenthood, to account for children born abroad to American parents using egg and sperm donors or surrogates.
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Ethan and Aiden Dvash-Banks are twin brothers born just four minutes apart on the same September day in the same hospital room in Ontario, Canada. But shortly after their birth in 2016, the U.S. State Department decided that the two boys were very different in the eyes of American law: Aiden was a U.S. citizen but Ethan, the brother with whom he’d shared a womb, was not.
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
US to Grant Citizenship to Children Born via IVF or Surrogacy
The United States is now granting citizenship to children born through in vitro fertilization or other means of assisted reproductive technology, such as surrogacy.
President Joe Biden’s administration is changing the federal government’s interpretation of Section 301 of the Immigration and Nationality Act (INA), which outlines the requirements for acquisition of U.S. citizenship at birth.
Previously, the government required children have a biological connection to their U.S. parent to receive citizenship. Under the updated interpretation, the child may only have a biological connection to one parent, even if that parent is not a U.S. citizen.
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