Surrogacy Laws in USA

Issuance of a U.S. citizenship at birth to a baby born abroad is ruled by Immigration and Nationality Act (INA) Sections 301 and/or 309. The determination of citizenship to children born overseas to a U.S. parent falls within jurisdiction of the U.S. Department of State, which requires a U.S. citizen to have a biological connection to a child in order to transmit U.S. citizenship to such child. Merely being named as a parent on a Ukraine birth certificate for a baby born as a result of surrogacy arrangement in country doesn’t mean that the birth certificate can meet the U.S. immigration and citizenship necessities.

The State Department determines the citizenship of every child born as a result of surrogacy program one by one, on a case by case basis, when fastidiously considering the precise facts encompassing the child’s birth and his or her parents’ scenario. The most effective proof accessible to parents to point out their blood relationship to a baby born to a female parent in country is DNA testing, which clearly cannot be performed till when the child is born.

A U.S. national parent who has a child employing a female parent in Ukraine could apply for a diplomatic building Report of Birth Abroad of an American Citizen (CRBA) and a U.S. passport for the child at the U.S. Embassy in Kyiv (Consular Section). A CRBA certifies that a baby born abroad may be a U.S. national and lists only the name(s) of the U.S. national parent(s) with a biological association to the child . If the spousal equivalent of the U.S. national parent doesn’t have a biological association to the child or isn’t a U.S. citizen, the spousal equivalent won’t be recorded on the CRBA even though he or she is listed on the native Ukraine birth certificate.

If the U.S. Embassy determines that the child may be a U.S. citizen, he or she’s going to want a U.S. passport to enter the U.S As a part of the applying method, the meant parents ought to give to the U.S. Embassy proof of the child’s conception and birth, also as proof of the parents’ identity, citizenship, and requisite physical presence within the U.S. They additionally can have to be compelled to organize for the child’s DNA tests.


In summary, if the child isn’t biologically associated with a U.S. citizen parent, the child won’t acquire U.S. citizenship mechanically at birth. what is more, ought to the child have blood relationship only to the U.S. citizen father, but not the father’s wife, the case would be treated as a birth out of wedlock to a U.S. citizen father, consistent to Immigration and Nationality Act, Section 309(a), and also the father would have to be meet the extra necessities of that section otherwise, INA 301 necessities would apply, as well as certain residence necessities.