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."

Visit us at

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.