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2. Department of State telegram to all diplomatic and consular posts concerning citizenship of twins conceived in vitro (January 8, 2002)


Subject: Advisory Opinion Request For Birth Of Twins
Conceived In Vitro
REF: A. (A) SEOUL 86
B. (B) 7 FAM 1131.4-2
1. Department concurs with post's decision reftel to make
a finding of non-acquisition of U.S. citizenship regarding
Raymond Li and Sarah Li. In order to establish a claim to
U.S. citizenship under section 301(g) INA, the INA
requires, among other things, that a blood relationship
exist between the child and the U.S. citizen parent.

2. Based on the information presented . . . and the fact
that the [American citizen]t surrogate mother was not the egg donor, the
applicant has not/not demonstrated the existence of a
blood relationship between her and the children. As a
result, the children have not acquired U.S. citizenship.
Additionally, no/no assumption can be made that the egg
donor was a U.S. citizen. If the egg donor is
identifiable and is a U.S.. citizen, that individual must
meet the requirements to transmit citizenship, and must
cooperate in the documentation of the citizenship claim.
When a surrogate mother who is not the egg donor gives
birth to a child, the case should be adjudicated as if the
child had been born out of wedlock.
3. Please explain that we are in no way questioning the
legal relationship between the child and the u.s. citizen
mother, but that such relationship is not germane to
determination of the child's citizenship.
4. Department notes that in the alternative, the child
could receive an [immigrant visa ("IV")]. The definition of a child for visa
purposes, in INA 101(b)(1), does not contain the term
"blood" but instead relates to a child "born in wedlock".
Therefore it is possible that the gestational mother can
be considered the mother for this purpose. This
determination would have to be made by the [Immigration and Nationality Service] at the time
of petition adjudication. Even if the gestational mother
cannot be considered to be the birth mother, however, she
would clearly qualify as the step-mother, assuming that
her husband is the biological father of the child.
Therefore, the child can qualify for an IV either as the
natural child or step-child of the [American citizen] mother.

5. The department appreciates the care taken by embassy
Seoul in resolving this sensitive matter.

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