Despite what you may have heard, the law regarding U.S. citizenship based on place of birth is well settled. U.S. citizenship does not always happen automatically for children born in other countries.
However, children who are born in the United States are automatically granted citizenship in accordance with the 14th amendment. These facts are true regardless of the citizenship and legal status of the child’s birth parents. They are equally true regardless of the citizenship held by a gestational surrogate or intended parents. These facts even remain true regardless of the intentions of the adults responsible for the child.
When individuals participate in inter-country travel, adoption and/or reproductive technology practices the following issues may arise:
- citizenship of children born abroad to US citizens;
- appropriate care for children born in the United States to non-citizen parents;
- citizenship of children adopted by US citizens living abroad;
- rights of egg and sperm donors;
- rights of gestational surrogates;
- rights of intended parents.
Parents, donors, and surrogates should seek competent counsel to assist in navigating these international waters..
heARTbeat is a publication of KingSpry’s Adoption Law and Assisted Reproductive Technology Law Practice Group. It is meant to be informational and does not constitute legal advice.
