Women who give birth to a child conceived through assisted reproductive technology, but who are not genetically related to the child, otherwise known as gestational mothers, will be classified as the child’s legal “mother” and “parent” in a new policy update from the United States Citizenship and Immigration Services (USCIS).
According to the Immigration and Nationality Act, the terms “mother” and “parent” apply to any mother who gives birth to the child and was the child’s legal mother at the time of birth under the law of the relevant jurisdiction.
The US immigration lawyer in Thailand at Chaninat and Leeds has decades of experience assisting Thai nationals with US visas.
According to the USCIS policy announcement, the policy update means that gestational mothers will:
- Be able to petition for her child based on their relationship.
- Be eligible to have her child petition for her based on their relationship.
- Be able to transmit U.S. citizenship to her child, if she is a U.S. citizen and all other pertinent citizenship requirements are met.
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