In Vitro Fertilization, Surrogate Motherhood And Citizenship
(wz) Interesting issues arise under US immigration and nationality law when a child is born through in vitro fertilization (IVF). According to Wikipedia, IVF is a technique in which the egg cells are fertilized by sperm outside the woman’s womb. The process involves hormonally controlling the ovulatory process, removing ova from the woman’s ovaries and letting sperm fertilize the fluid medium. The fertilized egg or zygote is then transferred to the patient’s uterus with the intent to establish a successful pregnancy.
Take the hypothetical example of Sam and Paul, who are a same sex couple, legally married in Massachusetts. Both are US citizens and desirous of having a child. They have a friend, Marlene, who lives in South Africa and is willing to serve as a surrogate mother. Marlene is a citizen of South Africa who, unfortunately, was refused a temporary visa to come to the United States for this purpose. Sam and Paul are very keen on having the child, and arrange for Marlene to carry the child to term in South Africa. Sam’s sperm is used to fertilize the ova of an anonymous donor (who is not a US citizen) in vitro, and the fertilized egg is then implanted into Marlene’s uterus in South Africa. Marlene successfully gives birth to a bonnie baby girl, Donna, in South Africa, on August 15, 2007.
At issue is whether Donna acquired US citizenship at the time of birth? Donna’s situation is akin to a child born out of wedlock to a US citizen father outside the US. The marriage between Paul and Sam is not recognized under the Immigration and Nationality Act (INA). If Donna was born on US soil, there would be no issue as she would be automatically considered a citizen regardless of any of her parents’ nationality or marital status. Her citizenship has become an issue because of her birth outside the US. more…
From: »Immigration Daily«