State Department tosses Trump regulation that denied citizenship to gay couples’ kids

The Biden administration has ended a Trump-era policy that denied American citizenship to same-sex couple’s children born abroad via surrogacy or in vitro fertilization. The State Department will resume automatically granting citizenship as it did before former President Donald Trump (R) changed the policy.

Related: State Department denies citizenship to one of this same-sex couple’s twin sons

The Trump administration classified the children as “born out of wedlock” to deny them citizenship.

Parents of a child born abroad to a U.S. citizen can go to a U.S. embassy and get their child’s U.S. citizenship recorded and a U.S. passport issued.

For straight couples, only one parent has to be a U.S. citizen, even if the father listed on the birth certificate has no biological connection to the child (for example, if the straight couple conceived using donor sperm) because the Immigration and Nationality Act (INA) doesn’t mention a biological connection. Embassies didn’t ask for proof that the father in a straight couple had a biological connection to the child, even though they demanded gay couples show that proof.

Related: Here are the 5 steps gay men should follow if they’re considering surrogacy to start a family

The Trump administration was sued by multiple couples who…

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