By: Jacqueline Valle and Toni Ordona

According to new policy guidance announced today, United States Citizenship and Immigration Services (USCIS) will consider children born outside of the United States through assisted reproductive technology (ART) as born “in wedlock.” This means that a non-genetic or non-gestational parent of a child can pass on their US citizenship to the child if they are married to the genetic or gestational parent when the child is born. Both parents must be recognized by the relevant jurisdiction as the child’s legal parents.

Previously, USCIS required a child’s genetic parents, or the gestational parent and one genetic parent, to be married for a child to be considered born in wedlock. This new guidance will also apply to family-based petitions.