[20201210]LSB10560_国外出生儿童的辅助生殖技术、代孕和美国公民身份.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Assisted Reproductive Technology, Surrogacy, and U.S. Citizenship for Children Born Abroad December 10, 2020 Assisted reproductive technology (ART) and surrogacy have made parenthood possible for persons who, for varied reasons, cannot reproduce through more traditional means. The increased use of ART and surrogacy have raised novel legal questions throughout U.S. law. One issue concerns U.S. citizenship eligibility for children born abroad to a U.S. citizen parent through ART or surrogacy. The Department of State (DOS) has interpreted the Immigration and Nationality Acts (INAs) provisions governing derivative citizenship to require a U.S. citizen parent to have a “biological relationship” with a child born outside the United States. This interpretation has been successfully challenged in recent court cases brought by same-sex couples whose child was born abroad through ART or surrogacy. At the time of this Sidebar, DOS has opted not to appeal these decisions, leaving some uncertainty about DOS policy going forward. This Sidebar examines the statutory framework governing derivative citiz