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Tuesday, Feb 10, 2026

State Department will recognize citizenship of babies born to a US citizen through in vitro fertilization or surrogacy

State Department will recognize citizenship of babies born to a US citizen through in vitro fertilization or surrogacy

The move is a win for same-sex couples and other couples who have children through in vitro fertilization or surrogacy.
The US State Department will now recognize the citizenship of babies born through in vitro fertilization or surrogacy, a win for same-sex couples.

The State Department on Tuesday announced that babies born abroad to married couples where one parent is a US citizen will automatically be granted citizenship in the US.

Existing law required babies born abroad needed to have a blood relationship with the parent who was a US citizen. The new policy announced Tuesday requires the baby to be genetically related to one of the married parents.

The move is a victory for gay couples and married couples who have children through in vitro fertilization, surrogacy, or other assisted reproductive technology.

"This updated interpretation and application of the INA takes into account the realities of modern families and advances in ART from when the Act was enacted in 1952," the state department said in a press release announcing the policy change.
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