Citizenship Expanded by the US Government for Children of Same-Sex Couples Born Overseas
The Biden administration on Thursday announced a change in its interpretation of U.S. immigration law that will allow children born abroad to parents who used assisted reproductive technology, like surrogacy, to qualify for U.S. citizenship and green cards.
As long as one parent is a U.S. citizen and one parent is genetically related or gave birth to the child, the baby will meet the eligibility requirements, according to the updated USCIS guidance. The parents must be married and recognized as the child’s legal guardians in their locations of residence.
The new interpretation, which alters long-standing U.S. immigration policy, is a victory for same-sex couples and other parents living overseas who use surrogates and assisted reproductive technology procedures, including in-vitro fertilization, or IVF.
USCIS said the updated guidance is designed to help modern families.
“USCIS is taking a crucial step towards ensuring fair access and support for all families and their loved ones,” newly minted USCIS Director Ur M. Jaddou said in a statement. “We are committed to removing unnecessary barriers promoting policies for all people as they embark on their journey to citizenship and beyond.”
Highlighting “advances” in assisted reproductive technology since the relevant immigration laws were enacted in 1952, the State Department said it would allow married couples with one U.S. citizen parent to transmit U.S. citizenship to their children, as long as one of them has a genetic link to the baby or gave birth to him or her.
Children who will benefit from the Biden administration’s policy changes could have been previously considered to have been born “out of wedlock” under the decades-long interpretation of U.S. law, rendering them ineligible for U.S. citizenship and other benefits.
Under President Biden, USCIS has publicly touted efforts to dismantle Trump-era “barriers” that make it more difficult for immigrants to obtain the agency’s benefits, which range from asylum and work permits, to green cards and naturalized U.S. citizenship.
Aaron Morris, the executive director of Immigration Equality, a group that advocates for LGBTQ immigrants, welcomed Thursday’s announcement.
“The recent change in USCIS policy is an important step in overcoming the federal government’s previous archaic, narrow, and unlawful definition of what a family is,” Morris said. “We look forward to working with the Biden administration going forward to ensure recognition for all queer families.”
This Amendment is likely to increase the Number of Gay and Single Men to travel abroad to Countries like Colombia etc to have a baby through Surrogacy
Kiran fertility Services-Helping to Build Families
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