By Scott Bixby | Daily Beast | May 15, 2019
American parents who enter into surrogacy arrangements in countries outside the U.S. often assume—based on precedent—that their child will be eligible for birthright citizenship. However, the Trump administration now interprets the Immigration and Nationality Act to mean that “a child born abroad must be biologically related to a U.S. citizen parent,” a reality that puts many LGBTQ families at heightened risk for legal complications.
By Ciara Kenny | The Irish Times | March 6, 2019
Two years after the birth of their son in Canada, a gay couple from Ireland finally have proof of his Irish citizenship, but do not share full legal custody in the eyes of their home country. This article tells the story of a family caught in an expensive international back-and-forth that is still only partly resolved despite the passage of the Children and Family Relationships Bill.
By Dilshad Burman and Faiza Amin | City News | Jan. 7, 2019
Canadian citizen Joseph Tito’s twin daughters, born to a surrogate mother in Kenya, were not allowed to return to Canada due to citizenship laws. Tito had to undergo extensive paperwork in Kenya to bring his daughters home with him. His lawyer explains the need for intended parents to learn about applicable laws in the country where the surrogate lives, before starting the process.
As China’s One-Child Policy Ends, Surrogacy Services Rise in the U.S.
By Kevin Smith | San Gabriel Valley Tribune | April 30, 2016
China’s reversal of its one-child policy has, according to this article, resulted in a rise in requests for gestational surrogacy in the United States. Featuring interviews with clinics and other go-betweens in California – including The Fertility Institutes in Encino – it attributes this “new wave of business” to a Chinese preference for boys (gender selection) and the possibility of citizenship for children birthed by gestational mothers in the United States.
The piece also covers some aspects of surrogacy-related law in California. This includes:
For more information on surrogacy laws in the U.S., read Tamar Lewin’s breakdown by state in The New York Times.
