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Changes in Immigration Regarding Children of Same Sex Couples born overseas

On Thursday August 5, 2021 a change was announced in the interpretation of U.S. Immigration law allowing children born abroad to parents who used assisted reproductive technology such as surrogacy to qualify for US. Citizenship.

Children born overseas to married couples that include a U.S. citizen will no longer be required to have a biological connection to the American parent in order to be eligible for U.S. citizenship and family-based immigration benefits.

Now as long as one parent is a U.S. citizen and one parent is genetically related or gave birth to the child, the baby will meet the eligibility requirements for U.S Citizenship. However the parents must be married and recognized as the child's legal guardians in their locations of residence in order to qualify.

This change in United States Citizenship and Immigration Services (USCIS) policy conforms with a similar announcement in May issued by the State Department.

Children who will benefit from this policy changes could have been previously considered to have been born "out of wedlock" under the old interpretation of U.S. law, making them ineligible for U.S. citizenship and other benefits.

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