The US Updates Its Immigration Policy Regarding Children

by Lily White
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Immigration is among the hot-button issues that continues to generate bi-partisan interest. Revisions to the US Citizenship and Immigration Services (USCIS) have modified the conditions of eligibility for children born via In Vitro Fertilization or a surrogate parent. Given that these methods are generally used by same-sex couples and that this issue has been legally contested on many occasions, the updated guidelines will provide more streamlined citizenship applications for eligible citizens.

 

What are the guidelines?

Previously, USCIS guidelines prevented children born to surrogate parents outside of the United States from being granted citizenship even when their parents were already married. Given that this guideline directly impeded the adoption or citizenship qualification of same-sex American couples, it was deemed unconstitutional in multiple, federal cases. The updated guidelines now clearly stipulate that, via assisted reproduction technology that includes In Vitro Fertilization and surrogate mothers, already-married American couples with at least one gestational tie to the child are considered to be the legal parents of the child and, if at least one parent is an American citizen, the child will be granted U.S. citizenship. So, even if the gestational parent is not an American citizen but is married to an American citizen, the child will automatically earn U.S. citizenship.

 

What will the effects of this change be?

The LGBTQ community has long struggled with equal legal representation regarding citizenship, just as migrant workers who rely on H2B visas to stay employed in the country. During Barack Obama’s presidency, advocates lobbied for equal citizenship status granted to couples where one partner was an American citizen and another a foreign national. Similarly, advocacy groups have been formed to promote granting citizenship to LGBTQ individuals who don’t qualify for the pathway to citizenship granted through the DREAM act. With the revision of this guideline, another pathway to citizenship and equal status has been granted to LGBTQ couples. Beyond the legal and political precedents of this measure, the United States joins a growing list of countries that already permit altruistic surrogacy including Denmark, Canada and the United Kingdom. While LGBTQ rights remain marginal in other countries, American couples can find some relief that they will enjoy the same legal privileges granted to traditional marriages.

 

Streamlining citizenship for all

Amid the many issues that continue to fester within domestic and international affairs, the persistence of LGBTQ lobbying groups has finally resulted in equal status regarding citizenship provisions. While this measure only affects a small number of the population, knowing that equality is granted to all will allow further liberties to be extended to other, legally-marginalized populations.

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