I just gave birth to twins (2 weeks ago!) conceived with DE overseas, and living overseas (after dealing with ovarian cysts, endometriosis and an autoimmune disease for years). My husband is a citizen of this country where I live/conceived. I knew nothing about this US citizenship law regarding DE until a couple of weeks ago. I'm very surprised, considering that US citizenship is handed out so freely to non-US citizens who have babies in the US (there was a recent NY Times articles about Chinese women coming to the US just to give birth and get citizenship for their babies). Anyway, eventually we would like our children to have US citizenship, although my husband is not interested in moving to/living in the US. We just both know that they will have more opportunities, esp. educational. Plus, husband's country does not allow dual citizenship but does allow a sort of status that is more than a visa, less than citizenship, so it makes sense for our children to have US citizenship plus this non-citizen status. If they only have the citizenship of his country (their birth country) then we'll have to deal with visa issues etc every time we travel.
So....on to my next question. The DE are from a completely anonymous source. My IVF doctor tried with my eggs but they were "bad", the donor eggs "took" so to speak, and now we are happy parents. But....of all the responses I just read here regarding US citizenship, and on the state dept. website, nobody explains what to do to obtain citizenship for children born with DEs? I know that if I go to the US embassy here they will 99% ask for a genetic test. I conceived at 41, gave birth at 42, plus on my hospital release form it says "IVF" but the DE part is totally anonymous, and in fact no records are kept by the hospital, not even financial. My name is on the children's birth certificate as their mother.
What to do?? how do I eventually go about obtaining US citizenship for our children? at this point there is no hurry because at the earliest we will travel to the US in May 2012 for a visit. Plus, we will continue to live overseas for a while longer-no immediate plans to return to the US. And in case you were wondering, going back to the US to give birth to the children was not an option, since I haven't lived in the US since 2007 and my doctor banned me from traveling anywhere 2 months into the pregnancy.
Please, someone read this and give me some guidance! WT, you work for State, so could you help?