August 9, 2021
USCIS Removes Barriers to U.S. Citizenship for Children Born Abroad Through Assisted Reproductive Technology
Dear Stakeholder,
On August 5, 2021, USCIS updated guidance in the USCIS Policy Manual regarding children born outside of the United States and determining whether children born through assisted reproductive technology (ART) are considered to have been born “in wedlock.”
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 child. 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).
More Information
Visit the USCIS website for further guidance.
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