Admin l Wednesday, May 19, 2021
WASHINGNTON – The Department of States is updating its interpretation and application of Section 301 of the Immigration and Nationality Act(INA) which establishes the requirements for acquisition of U.S. Citizenship by birth following advances in Assisted Reproduction Technology, ART, Spokesman Department of State, Ned Price has said.
According to him, Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, will be U.S. citizens from birth if they have a genetic or gestational tie to at least one of their parents and meet the INA’s other requirements.
Previously, the Department’s interpretation and application of the INA required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent.
According to him, this updated interpretation and application of the INA takes into account the realities of modern families and advances in ART from when the Act was enacted in 1952.
“This change will allow increased numbers of married couples to transmit U.S. citizenship to their children born overseas, while continuing to follow the citizenship transmission requirements established in the INA. Requirements for children born to unmarried parents remain unchanged”, he said.
He said the United States remain vigilant to the risks of citizenship fraud, exploitation, and abuse and that with all citizenship and immigration benefits examined, the Department will implement this policy in a manner that addresses these concerns.
