DOS Policy Change re Transmission of Immigration Benefits to Children Born Abroad through Artificial Reproductive Technology (ART)

New DOS guidance confirms that USC “gestational mothers,” i.e., mothers who give birth to a child outside the USA as the result of ART, and who are recognized as the legal parent in the country of birth, but who are not genetically related to the child, may nonetheless transmit citizenship or immigration benefits to the child. The new policy will apply retroactively.