Good news for couples who are considering alternate methods of contraception.

High costs and negative state laws can make couples hesitant to pursue surrogacy and other kinds of Assisted Reproductive Technology (“ART”) here in the United States. However, those who traveled abroad to have children using ART were often faced with an unforeseen legal dilemma.

The Immigration and Nationality Act does not specifically address surrogates or other methods, but it does cover situations in which children are born to unmarried parents.

Up until recently, policy was that parents applying for a Consular Report of Birth Abroad had to “have a genetic connection” to their offspring, meaning that children born through in vitro fertilization did not technically qualify.

The State Department, however, has recently modernized its’ interpretation, deciding that children with a biological connection to their gestational mothers even though there is no genetic connection will be considered U.S. citizens so long as all other requirements listed in the corresponding Immigration & Nationality Act are met.

In other words, U.S. citizens utilizing surrogates OR as recipients of an egg donor will benefit by this policy update.

Article written with contribution by Rebecca Baik