ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Greg Siskind on Immigration Law and Policy

State Department Denying Citizenship to Babies Conceived Through Egg Donations

Rate this Entry

This is a pretty interesting story I wasn't aware of before reading this story in USA Today, but apparently it's becoming more of a problem. The piece focuses on a Chicago-born mother living in Israel who was denied passports for her twins. Strangely, if her children were adopted, there would be no problem.



The incident points out what critics say is a glaring inequity in U.S. citizenship regulations. A child adopted overseas by a U.S. citizen is eligible to become an American, and a baby born in the USA is American even if the parents are not.


But a child born to a U.S. citizen overseas through the increasingly common practice of in vitro fertilization with embryos from donor eggs and sperm is not American, unless an American is one of the donors. And that can be hard to prove since clinics may not reveal such things about their donors due to confidentiality agreements, immigration law experts say.


"The problem is that the law hasn't kept up with the advances in reproductive technology," said Melissa Brisman, a lawyer in New Jersey who specializes in fertility issues.


The U.S. State Department says a child born outside the USA to an American cannot receive citizenship until a biological link with at least one parent is established. That link does not exist if an infertile woman uses donor eggs at a clinic to conceive.



This is a problem that should be resolved without having to pass new legislation if the State Department exercises some common sense. Even the Federation for American Immigration Reform, the anti-immigration organization, is quoted in the story saying DOS needs to take another look at this.

Submit "State Department Denying Citizenship to Babies Conceived Through Egg Donations" to Facebook Submit "State Department Denying Citizenship to Babies Conceived Through Egg Donations" to Twitter Submit "State Department Denying Citizenship to Babies Conceived Through Egg Donations" to Google Submit "State Department Denying Citizenship to Babies Conceived Through Egg Donations" to StumbleUpon Submit "State Department Denying Citizenship to Babies Conceived Through Egg Donations" to Reddit Submit "State Department Denying Citizenship to Babies Conceived Through Egg Donations" to Digg Submit "State Department Denying Citizenship to Babies Conceived Through Egg Donations" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. George Chell's Avatar
    The President should basically order the State Department to change the regulations.
  2. Legal and no longer waiting's Avatar
    WTF? Most of the US law assumes that the woman who gave birth to the child is the mother - certainly in all cases when the woman giving birth is not a surrogate. This just buffles me.

    I remember there was a discussion here about the repeal of the 14th ammendment, and that's exactly the example I gave - a donor egg IVF (or an adopted embryo) when the nationality of one or both biological parents is not known. There was some stupid talk of getting the nationality of biological parents, which I know for a fact is not collected in the US, and probably the same in other countries. Darn, now eggs and spern have nationalities? Carzy...
  3. gg's Avatar
    Now US surrogate mothers will be waiting impatiently to see which way this case goes (if at all this goes to the courts). There is an entire untapped market out there for surrogate mothers in the US who can rent their wombs for prospective parents outside the US for a price. Now non-US citizens can hope to have US citizen kids while staying back in their own country.
  4. George Chell's Avatar
    They can repeal the 14th amendment when they repeal the 2nd amendment...end of story!
  5. Alix's Avatar
    When you have lived as long as I have, you begin to think that you have seen it all. Only to be proven wrong.

    I had to read the story twice to make sure that it was actually describing what I thought it was.

  6. Legal and no longer waiting's Avatar
    It's interesting how the DOS defines "blood connection". Apparently, the sperm donor has a blood connection to the baby, but a woman who carried the baby for 9 months in her own body and supplied it with her own - guess what - blood (!) has no blood connection.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: