Surrogacy is an increasingly popular path to parenthood for LGBTQ couples, but navigating the immigration process for a child born abroad via surrogacy presents unique challenges. U.S. immigration laws, particularly those around citizenship and visa applications, require a close understanding of surrogacy arrangements to avoid delays or denials when bringing a child to the United States.
For LGBTQ couples, the key issues often revolve around the child’s eligibility for U.S. citizenship. Under U.S. law, the child must have a genetic or gestational connection to at least one U.S. citizen parent to qualify for citizenship at birth under the Immigration and Nationality Act (INA). If the child is genetically related to a non-citizen parent, the process becomes more complex, potentially requiring the couple to apply for a family-based immigrant visa for the child instead of immediate citizenship.
Same-sex couples should also be aware that the legal recognition of their marriage by the U.S. doesn’t always guarantee recognition of their parentage by the country where the surrogacy takes place. Legal hurdles may arise if the foreign country does not recognize both parents as legal guardians or if the birth certificate only lists one parent. In such cases, additional documentation, such as court orders or second-parent adoption decrees, may be required to establish the legal parent-child relationship for U.S. immigration purposes.
Working with experienced immigration and surrogacy attorneys can help LGBTQ couples avoid potential pitfalls. Proper planning ensures that all legal requirements are met, and the transition home with their child is as smooth as possible.
At Global Talent Immigration Law Group, we understand the unique challenges LGBTQ couples face when navigating surrogacy and U.S. immigration laws. Our experienced attorneys are here to guide you through the process, ensuring a smooth transition as you bring your child home. Schedule a free consultation today to discuss your situation and learn how we can help make your family’s immigration journey as stress-free as possible.
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