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citizenship and overseas DE

February 22 2011 at 9:34 PM
wt  (no login)

 

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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Responses

  1. The birth certificate will be in your name. - thesameboat on Feb 23, 2011
    1. I can't believe I used the word 'adopt' instead of 'give birth' - thesameboat on Feb 23, 2011
     
  2. I did DE overseas and delivered overseas - Anon for this on Feb 23, 2011
  3.  
  4. I have heard this with surrogacy overseas- - Piper on Feb 23, 2011
    1. absolutely, the birth certificate... - wt on Feb 23, 2011
      1. This law is speaking about "surrogacy"... - Maya3 on Feb 23, 2011
     
  5. surrogacy maybe - but NOT DE - Kay on Feb 23, 2011
    1. I'm really sorry... - wt on Feb 23, 2011
      1. DNA tests - wt on Feb 23, 2011
      2. My sister is a senior State Dept. employee . . . - Maggie in VA on Feb 23, 2011
        1. Please do - wt on Feb 23, 2011
          1. Acknowledged. - Maggie in VA on Feb 23, 2011
    2. Kay, I'm sorry--a bit insensitive - Vianna on Feb 23, 2011
      1. I see you were referencing Maya's message - Vianna on Feb 23, 2011
        1. I never said anything - Kay on Feb 24, 2011
          1. Ok, Kay - Vianna on Feb 24, 2011
            1. Vianna - thesameboat on Feb 25, 2011
     
  6. I'm not trying to panic people... - wt on Feb 23, 2011
    1. Exactly, give birth in the US - Anonymous on Feb 23, 2011
     
  7. I don't believe this... what country are you talking about? - Maya3 on Feb 23, 2011
    1. any country - wt on Feb 23, 2011
      1. But the woman who gives birth IS the "biological mother"... - Maya3 on Feb 23, 2011
        1. not according to DNA - wt on Feb 23, 2011
          1. What does "INA" stand for? - Maya3 on Feb 23, 2011
            1. Immigration and Nationality Act of 1952 - wt on Feb 23, 2011
     
  8. the law - wt on Feb 23, 2011
    1. Yikes- - Piper on Feb 23, 2011
    2. This is crazy... - Maya3 on Feb 23, 2011
      1. I agree - wt on Feb 23, 2011
    3. Good to know, wt - Vianna on Feb 23, 2011
     
  9. people please - wt on Feb 23, 2011
    1. wt, I've actually heard of something like this - margolis on Feb 23, 2011
      1. you're correct - wt on Feb 23, 2011
    2. wt, thank you for posting on this - Ariadne on Feb 23, 2011
      1. at least it takes my mind of the 2ww! - wt on Feb 23, 2011
        1. Good info to get out there, wt - Vianna on Feb 23, 2011
          1. aw thanks!! - wt on Feb 23, 2011
            1. Good luck - Vianna on Feb 24, 2011
    3. Thank you, wt! - BBG on Feb 23, 2011
      1. Barge: You are fortunate, BBG - Vianna on Feb 24, 2011
      2. after you get the passports... - wt on Feb 24, 2011
      3. thanks! - Anonymous on Feb 25, 2011
     
  10. in many cases (pregnancy ment.) - Dee on Feb 28, 2011
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  12. hope someone will read/reply to my message! - Anonymous on Jul 29, 2011
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