← United States · 2021

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Legal-parent recognition expanded for children born abroad

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateAugust 5, 2021
CategoryFamily immigration and citizenship
Policy toolLegal parent and in-wedlock definitions
Affected groupChildren born abroad and their legally recognized married parents meeting the specified genetic or gestational conditions

Policy effect

From August 5, 2021, USCIS considered a child born abroad to be born in wedlock for family-petition and citizenship purposes when the legal parents were married at the child’s birth and at least one had a genetic or gestational relationship to the child. The definition of child included the child of a US-citizen parent married at birth to the child’s genetic or legal gestational parent, if both were recognized as legal parents by the relevant jurisdiction, even if the citizen parent had no genetic or gestational relationship. Other citizenship and immigration eligibility requirements continued to apply.

Conditions and exceptions

Validated condition or limit: From August 5, 2021, USCIS considered a child born abroad to be born in wedlock for family-petition and citizenship purposes when the legal parents were married at the child’s birth and at least one had a genetic or gestational relationship to the child.; Other citizenship and immigration eligibility requirements continued to apply.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… parent. This created a situation in which parents who did not meet the aforementioned criteria but had been recognized by the relevant jurisdiction as the legal and only parents of a child born through ART were not recognized as the child's parents for immigration purposes, and where their children were often considered to have been born out of wedlock. To remedy this situation, USCIS now considers a child to be born in wedlock when the child’s legal parents are married to one another at the time of birth and at least one of the legal parents has a genetic or gestational relationship to the c … hild. USCIS defines “child” to include the child of a U.S. citizen parent who is married to the child’s genetic or legal gestational parent at the time of the child’s birth if both parents are recognized by the relevant jurisdiction as the child’s legal parents. Children who meet these requirements, and whose application for a Certificate of Citizenship has been previously denied, may file a motion to reopen or reconsider the denial decision on a Notice of Appeal or Motion (Form I-290B). 3 1 See INA 301. See INA 309. See INA 320. 2 See Policy Alert, Effect of Assisted Reproductive Technology ( … uidance in the Policy Manual is controlling and supersedes any prior guidance on the topic. Policy Highlights • Explains that, for purposes of family-based petitions and acquiring citizenship, USCIS considers a child born outside the United States to be born in wedlock when the child’s legal parents are married to one another at the time of child's birth and at least one of the legal parents has a genetic or gestational relationship to the child. • Updates the definitions of child both in the family-based petition and the citizenship context. • Provides that the definition of child as clarifie … d in this update is applicable to all citizenship provisions, 4 and includes the child of a U.S. citizen parent who is married to the child’s genetic or legal gestational parent at the time of the child’s birth (even if no genetic or gestational relationship exists with the U.S. citizen parent), if both parents are recognized by the relevant jurisdiction as the child’s legal parents. Citation Volume 12: Citizenship and Naturalization, Part H, Children of U.S. Citizens [12 USCIS-PM H] (Chapters 2, 3, 4, and 5); and Volume 6, Immigrants, Part B, Family-Based Immigration, Chapter 8, Children, Son … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 August 5, 2021 PA-2021-17 Policy Alert SUBJECT: Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes Purpose U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding the determination of whether a child born outside the United States, including a child born through Assisted Reproductive Technology (ART), is considered born “in wedlock.” Background The Immigration and Nationality Act (INA) provides that … ART) on Immigration and Acquisition of Citizenship Under the Immigration and Nationality Act (INA), PA-2014-009 (October 28, 2014). 3 See 8 CFR 103.5. In order to naturalize under INA 322, a child must be under age 18. PA-2021-17: Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes Page: 2 This update to Volumes 6 and 12 of the Policy Manual is effective immediately and replaces the related guidance found in Chapters 21.4(a), (c) (subsection “Assisted Reproductive Technology”), (d)(1), and (d)(4) of the Adjudicator’s Field Manual (AFM). The g …
U.S. Citizenship and Immigration ServicesPOLICY ALERT - Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship PurposesOpen official source
Retrieved from https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210805-AssistedReproductiveTechnology.pdf

Review method

Two separate automated exact-claim source reviews

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Other United States changes operative in 2021