USCIS has expanded the possibility of obtaining US citizenship: who will be affected

The United States Citizenship and Immigration Services (USCIS) announced an update to the rules regarding children born outside the United States with assisted reproductive technology (ART). Are these children considered to be born "in wedlock"? USCIS announced this in a press release.

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This update will allow one of the child's non-genetic or gestational (surrogate) parents to transfer US citizenship to the child if he is married to the child's genetic or surrogate parent at the time of birth.

A child is considered born in marriage if the child's legal parents were married at the time of birth and one of them has a "genetic" or "gestational relationship" with the child, writes The Hill.

“USCIS is taking an important step toward ensuring equitable access and support for all families and their loved ones,” said USCIS Director Ur Jaddu. “We are committed to removing unnecessary barriers for all people as they begin their journey to citizenship and beyond.”

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The definition of "child" has also been expanded to include the child of a US citizen parent who is married to the child's genetic or legal parent at the time of birth.

This change is especially important for same-sex couples and others who have used reproductive technologies such as in vitro fertilization and surrogacy to have children.

Previously, the genetic parents of a child had to be married to each other, which led to cases where children born using reproductive technologies were considered to be born out of wedlock.

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In 2014, USCIS updated its rules to allow a parent who is pregnant and the legal parent of a child to transfer US citizenship to a child while meeting all other citizenship requirements.

USCIS says children who meet the new requirements and who have previously been denied a certificate of citizenship can ask the agency to reopen or reopen their case.

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