citizenship and overseas DE

citizenship and overseas DE

wt
wt

February 23rd, 2011, 2:34 am #1

Hey there,

As a follow-up to the "adoption vs donation" legal issues, I just thought I'd share this interesting fact. If you are a US citizen and do DE overseas and then give birth overseas, they consider the egg donor to be the "mother" for the purpose of transmission of citizenship. If the father is a US citizen, the child can still be born a US citizen if the father lived 5 years in the US before the child's birth (2 after the age of 14). However, if you're a single mom, and they find out that it was a donor egg, then you want to be very sure that the child is born in the US so there's no question of citizenship. If not, you might have to "adopt" the child that you gave birth to, in order for that child to become a citizen. I know most people won't be in this situation but I figured just in case.

Rachel
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thesameboat
thesameboat

February 23rd, 2011, 6:17 am #2

The country where you adopt issues a birth certificate in your name. You show that birth certificate to the embassy or consulate when you register for a passport.

I have never heard of any country issuing birth certificates in the name of the egg donor. What you said is definitely true in the case of adoption, but not DE.
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Anon for this
Anon for this

February 23rd, 2011, 12:53 pm #3

Hey there,

As a follow-up to the "adoption vs donation" legal issues, I just thought I'd share this interesting fact. If you are a US citizen and do DE overseas and then give birth overseas, they consider the egg donor to be the "mother" for the purpose of transmission of citizenship. If the father is a US citizen, the child can still be born a US citizen if the father lived 5 years in the US before the child's birth (2 after the age of 14). However, if you're a single mom, and they find out that it was a donor egg, then you want to be very sure that the child is born in the US so there's no question of citizenship. If not, you might have to "adopt" the child that you gave birth to, in order for that child to become a citizen. I know most people won't be in this situation but I figured just in case.

Rachel
and nothing ever came into play that the donors details had to be on a birth certificate. When I applied for the child's passport there was never a question as to where I had done IVF (if at all) or why I'd delivered overseas. I don't know of any country that an egg donor would be on a birth certificate unless of course it is a surrogacy agreement when I do believe the surrogate/donor(if same person as surrogate) would be on the birth certificate.
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Piper
Piper

February 23rd, 2011, 1:44 pm #4

Hey there,

As a follow-up to the "adoption vs donation" legal issues, I just thought I'd share this interesting fact. If you are a US citizen and do DE overseas and then give birth overseas, they consider the egg donor to be the "mother" for the purpose of transmission of citizenship. If the father is a US citizen, the child can still be born a US citizen if the father lived 5 years in the US before the child's birth (2 after the age of 14). However, if you're a single mom, and they find out that it was a donor egg, then you want to be very sure that the child is born in the US so there's no question of citizenship. If not, you might have to "adopt" the child that you gave birth to, in order for that child to become a citizen. I know most people won't be in this situation but I figured just in case.

Rachel
There is a case that I am thinking of but I don't know all of the details offhand. Basically in countries where fertility tourism (particularly surrogacy) is a big business--think India--it has become more difficult to get US passports for new infants traveling back to the US. In the case I am thinking about, I believe that the fact that an egg donor was used came into play.

But keep in mind, in most countries where US people do donor egg/IVF cycles, they return to the US and there would never be any reason to assume or question how the pregnancy was initiated!!!
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wt
wt

February 23rd, 2011, 2:26 pm #5

usually has the name of the mom who gives birth but the law says that the egg donor is the bio mom for purposes of transmission. It usually won't be an issue but, if you're a certain age, they might ask if you used ART and it could come into play. I'm just saying be careful.

This is the law below and I asked about the situation I described and was told by the State Department lawyers, that a child born to US citizen mother from a foreign egg donor would not be considered to have acquired US citizenship at birth.

Rachel

7 FAM 1131.4-2 Citizenship in Artificial and In Vitro Insemination Cases

(CT:CON-349; 12-13-2010)

a. A child born abroad to a foreign surrogate mother who is the natural/blood mother (i.e., who was the egg-donor) and whose claimed father was a U.S. citizen is treated for citizenship purposes as a child born out of wedlock. The procedures for proving citizenship under section 309(a) INA (8 U.S.C. 1409(a)), as amended apply (see 7 FAM 1133.4-3 b). The blood relationship between the child and the putative U.S. citizen father must be proven. Additional evidence beyond the child's birth certificate and statement of the parents is required. Certification by appropriate medical authorities of all facts and circumstances surrounding the entire insemination procedure is required. Examples of appropriate supporting documentation include hospital records from the facility where the sperm donation was made, affidavit from the doctor who performed the operation, and possibly blood tests.

b. A child born abroad to a foreign surrogate mother who was not the egg-donor and whose claimed mother (egg-donor) and/or claimed father was a U.S. citizen is treated for citizenship purposes either as a child born out of wedlock to a U.S. citizen mother (if the sperm donor was not a U.S. citizen) or as the child of two U.S. citizens. The applicable sections of law generally are sections 309(c) and 301 INA.

c. The status of the surrogate mother is immaterial to the issue of citizenship transmission. The child is considered the offspring of the biological parents and the appropriate INA section is applied. Evidence to establish the blood relationship between the child and the biological parents would be similar to that mentioned in 7 FAM 1131.4-2 a.

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Joined: January 1st, 2006, 3:50 pm

February 23rd, 2011, 2:26 pm #6

Hey there,

As a follow-up to the "adoption vs donation" legal issues, I just thought I'd share this interesting fact. If you are a US citizen and do DE overseas and then give birth overseas, they consider the egg donor to be the "mother" for the purpose of transmission of citizenship. If the father is a US citizen, the child can still be born a US citizen if the father lived 5 years in the US before the child's birth (2 after the age of 14). However, if you're a single mom, and they find out that it was a donor egg, then you want to be very sure that the child is born in the US so there's no question of citizenship. If not, you might have to "adopt" the child that you gave birth to, in order for that child to become a citizen. I know most people won't be in this situation but I figured just in case.

Rachel
You couldnt be more wrong on this. We did DE in the Czech Republic and I gave birth in the Netherlands - my Drs KNEW it was DE and DS but not once was the donor considered the "mother" - my name is on the little guys birth certificate and there was never any mention of it being otherwise. Our little guy holds a both an international birth certificate (issued to non Dutch citizens at birth) as well as his American birth certificate from the US Embassy.

You need to recheck your facts before you panic people cycling overseas~

Kay

" Some people built castles in the air. She constructed hers from mashed potatoes, which kept down demolition costs." Sarah Sloane, Borrowing Priviledges
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wt
wt

February 23rd, 2011, 2:39 pm #7

But I work in an Embassy overseas and I researched the law and I promise you that it could be a problem.

I know your birth certificate will have your name but the consular officials at the Embassy can ask you if you are the bio mother and if they have doubts and go to the law, they will see that the law says that you are not considered to be the bio mother for the purposes of transmission.
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wt
wt

February 23rd, 2011, 2:40 pm #8

Hey there,

As a follow-up to the "adoption vs donation" legal issues, I just thought I'd share this interesting fact. If you are a US citizen and do DE overseas and then give birth overseas, they consider the egg donor to be the "mother" for the purpose of transmission of citizenship. If the father is a US citizen, the child can still be born a US citizen if the father lived 5 years in the US before the child's birth (2 after the age of 14). However, if you're a single mom, and they find out that it was a donor egg, then you want to be very sure that the child is born in the US so there's no question of citizenship. If not, you might have to "adopt" the child that you gave birth to, in order for that child to become a citizen. I know most people won't be in this situation but I figured just in case.

Rachel
I'm trying to protect them from getting into legal problems without realizing it. There's a very easy solution which is to go back to the US to give birth.
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wt
wt

February 23rd, 2011, 2:41 pm #9

But I work in an Embassy overseas and I researched the law and I promise you that it could be a problem.

I know your birth certificate will have your name but the consular officials at the Embassy can ask you if you are the bio mother and if they have doubts and go to the law, they will see that the law says that you are not considered to be the bio mother for the purposes of transmission.
If they have doubts about whether you are the birth mother, they will ask you to do DNA and base their decision on that.
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Joined: August 12th, 2004, 4:42 pm

February 23rd, 2011, 3:04 pm #10

Hey there,

As a follow-up to the "adoption vs donation" legal issues, I just thought I'd share this interesting fact. If you are a US citizen and do DE overseas and then give birth overseas, they consider the egg donor to be the "mother" for the purpose of transmission of citizenship. If the father is a US citizen, the child can still be born a US citizen if the father lived 5 years in the US before the child's birth (2 after the age of 14). However, if you're a single mom, and they find out that it was a donor egg, then you want to be very sure that the child is born in the US so there's no question of citizenship. If not, you might have to "adopt" the child that you gave birth to, in order for that child to become a citizen. I know most people won't be in this situation but I figured just in case.

Rachel
Who is the "they" you are talking about? How would anyone even know you had done DE, and why would they care? The woman who gives birth is the mother, period (unless there's a gestational carrier agreement, but that's a totally different story).

Maya
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