Children born to US citizens as a result of in vitro fertilization overseas may not be eligible for citizenship if a biological link between the parents and children cannot be established, reported USA Today online. This appalling legal loophole is a reminder of how US immigration laws are failing to keep up with reproductive technology.
Fertility Treatments Abroad and the Law
With the skyrocketing costs of infertility treatments at home and increasingly mobile culture of Americans, it is not all that uncommon for US citizens to receive infertility treatments, such as in vitro fertilization, while abroad. In fact, infertility treatments are currently one of the fastest growing areas of medical tourism in other countries.
However, according to the US State Department, a child born overseas cannot be granted citizenship until a biological connection can be proved with at least one parent. Should the woman have used an egg donation to become pregnant via IVF, then this biological link cannot be established.
“There is an established process for U.S. parents who want to transfer citizenship to their adopted children, but no such avenue exists for parents whose children, conceived with someone else’s eggs or sperm, emerged from their wombs,” Wolgel said.
USA Today reports that the US State Department is currently “studying” whether or not it can begin reinterpreting the U.S. Immigration and nationality Act in order to include children born overseas due to artificial reproductive technology, such as in vitro fertilization and egg donation.
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