U.S. Immigration Policy Catches Up With Assisted Reproductive Technology

On October 28th, US Citizenship and Immigration Services (USCIS) issued a new policy, clarifying the definition of "mother" and "parent" under the Immigration and Nationality Act, to include a gestational mother who (a) gave birth to the child and (b) was the child's legal mother at the time of birth under the law of the jurisdiction where the child was born.

In issuing this new policy, USCIS recognizes and provides a solution to a serious practical problem that has also been recognized and addressed by the Department of State, relating to the transmission of U.S. citizenship to children born abroad pursuant to assisted reproductive technology (ART)(also known as in vitro fertilization).  These births can occur in one of two ways:  either when a woman gives birth abroad after an implantation of an in-vitro embryo or after a birth abroad to a contractually engaged foreign surrogate.  This new policy is designed to ensure that in the former situation, the child