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7 FAM 1131.4-2 Citizenship in Artificial and In Vitro
Insemination Cases
(TL:CON-68; 04-01-1998)
a. A child born abroad to a foreign surrogate mother who is the
natural/blood mother (i.e., who was the egg-donor) and whose claimed
father was a U.S. citizen is treated for citizenship purposes as a child born
out of wedlock. The procedures for proving citizenship under section
309(a) INA, as amended apply (see 7 FAM 1133.4-3 b). The blood
relationship between the child and the putative U.S. citizen father must
be proven. Additional evidence beyond the child’s birth certificate and
statement of the parents is required. Certification by appropriate medical
authorities of all facts and circumstances surrounding the entire
insemination procedure is required. Examples of appropriate supporting
documentation include hospital records from the facility where the sperm
donation was made, affidavit from the doctor who performed the
operation, and possibly blood tests.
b. A child born abroad to a foreign surrogate mother who was not the eggdonor
and whose claimed mother (egg-donor) and/or claimed father was
a U.S. citizen is treated for citizenship purposes either as a child born out
of wedlock to a U.S. citizen mother (if the sperm donor was not a U.S.
citizen) or as the child of two U.S. citizens. The applicable sections of law
generally are sections 309(c) and 301 INA.
c. The status of the surrogate mother is immaterial to the issue of
citizenship transmission. The child is considered the offspring of the
biological parents and the appropriate INA section is applied. Evidence to
establish the blood relationship between the child and the biological
parents would be similar to that mentioned in 7 FAM 1131.4-2 a.