The Trump administration is attempting to deny citizenship to the children of same-sex couples born abroad, as The Daily Beast first reported.
According to policies enacted in the summer of 2018, “a child born abroad must be biologically related to a US citizen parent” to be granted US citizenship at birth.
However, children carried by gestational surrogates or conceived through other methods of Assisted Reproductive Technology (ART) may be considered “born out of wedlock” by the State Department.
This policy not only impacts children carried by surrogates across country lines, but also bi-national couples, effectively questioning the validity of their marriages in the eyes of the government.
In February 2019, a federal judge ruled against the policy, calling it a “strained interpretation,” Slate reported.
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The Trump administration is attempting to deny US citizenship to the children of same-sex couples born abroad, The Daily Beast reports.
According to US law, a child born outside of the US is granted US citizenship at birth if their parents are married and at least one is a US citizen. But currently, this is not being extended to married same-sex couples.
The policy changes were first enacted in the summer of 2018 and are related to the Immigration and Nationality Act, which pertains to birthright citizenship. According to the policy, “a child born abroad must be biologically related to a US citizen parent … in order for the child to acquire US citizenship at birth.”
According to the government website, in order for a child to be considered a US citizen its father “must be the genetic parent of the child and meet all other statutory requirements in order to transmit US citizenship to the child at birth.” Additionally, it notes that if the baby is carried by its biological mother or a gestational surrogate, that person must meet those same requirements.
“Even if local law recognizes a surrogacy agreement and finds that US parents are the legal parents of a child conceived and born abroad through Assisted Reproductive Technology (ART), if the child does not have a biological connection to a US citizen parent, the child will not be a US citizen at birth,” the government website says.
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Source:: Business Insider