The U.S. Department of State stated they will recognize birthright citizenship for children born abroad to married parents provided at least one parent is an American. This policy change makes it easier for some same-sex couples to pass citizenship to children born overseas.

There are some requirements for this provision, however. The child must have some sort of genetic or gestational tie to at least one of their parents to request birthright citizenship. This is in addition to the requirement that at least one parent is an American citizen.

Previously, the child was required to have a  genetic or gestational tie to the parent that is an American citizen. With this update, either parent can hold U.S. citizenship, as long as the genetic tie exists with either parent.

Requirements for children who are born to unmarried parents remain unchanged.

We continue to monitor the changing requirements of U.S. immigration policy.  If you have questions about family immigration or any other area, contact us at ILBSG. We work with you to ensure you get the right advice.

Birthright Citizenship immigration