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Surrogacy and citizenship: bringing the babies home isn't always so easy
Even the U.S., which is a center of surrogacy, employs outdated rules to determine which surrogate children born overseas are automatically American citizens. Here's a story from the NY Times which (among other things) involves reverse fertility tourism. The American male couple had a friend in Britain serve as the surrogate. (Mostly the tourism goes the other way, because British surrogates can't be paid, so they aren't easy to arrange....)
Both Parents Are American. The U.S. Says Their Baby Isn’t. By Sarah Mervosh.
"James Derek Mize is an American citizen, born and raised in the United States. His husband, who was born in Britain to an American mother, is a United States citizen, too.
"But the couple’s infant daughter isn’t, according to the State Department.
"She was born abroad to a surrogate, using a donor egg and sperm from her British-born father. Those distinct circumstances mean that, under a decades-old policy, she did not qualify for citizenship at birth, even though both her parents are American.
...
"The interpretation [of the law] has led the State Department to regard births from assisted reproductive technology as “out of wedlock,” if the source of the sperm and the egg do not match married parents. Such a designation comes with extra requirements for transmitting citizenship, including showing that a biological parent is an American citizen who has spent at least five years in the United States."
Both Parents Are American. The U.S. Says Their Baby Isn’t. By Sarah Mervosh.
"James Derek Mize is an American citizen, born and raised in the United States. His husband, who was born in Britain to an American mother, is a United States citizen, too.
"But the couple’s infant daughter isn’t, according to the State Department.
"She was born abroad to a surrogate, using a donor egg and sperm from her British-born father. Those distinct circumstances mean that, under a decades-old policy, she did not qualify for citizenship at birth, even though both her parents are American.
...
"The interpretation [of the law] has led the State Department to regard births from assisted reproductive technology as “out of wedlock,” if the source of the sperm and the egg do not match married parents. Such a designation comes with extra requirements for transmitting citizenship, including showing that a biological parent is an American citizen who has spent at least five years in the United States."
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