In a May 18, 2021 Press Statement, the US Department of State announced an updated interpretation of the provision of the Immigration & Nationality Act (INA) that recognizes birthright citizenship to children born abroad. Under this interpretation, a child born abroad to parents, at least one of whom is a US citizen and who are married to each other at the time of birth, will be a US citizen from birth if the child has a genetic or gestational tie to at least one of the parents and meets the INA's other requirements. Under the prior interpretation, that genetic or gestational tie needed to be with the US citizen parent. In the Press Statement, the State Department recognizes that such an interpretation "takes into account the realities of modern families." Further, "[t]his change will allow increased numbers of married couples to transmit US citizenship to their children born overseas."
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