Author Topic: Having children and US citizenship  (Read 426 times)

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Offline rivers

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Having children and US citizenship
« on: March 12, 2017, 05:34:43 PM »
My wife and I are currently looking into having children.  However, being that we are a lesbian couple (and I will not be bearing any children, but she will), I'm not quite sure how US citizenship will work.  I know for straight couples, it's simple.  But I cannot find any information on how it works with me not being the biological parent.  Ideally, I do not want to pass my US citizenship onto any children we do have (tax reason, passports, etc), and if it is something they wish to acquire as adults, then they have that choice.  So, does my citizenship automatically pass on?

Offline KFdancer

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Re: Having children and US citizenship
« Reply #1 on: March 12, 2017, 06:04:37 PM »
I'm 99.9999% sure the rules are the same for a same sex couple and that your children WOULD be automatic US citizens.  But I'm intrigued and will try to find some real reference material.   :)

Offline ksand24

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Re: Having children and US citizenship
« Reply #2 on: March 12, 2017, 06:16:24 PM »
I'm not sure, to be honest.

Looking on the gov.uk website, it says that if you're a female couple, then both names can be on the birth certificate... so from that I might assume that the child could be entitled to both UK and US citizenship.

However, I did find this post from a couple in a similar situation, where it was said that US citizenship can only be passed down through blood relation:
https://www.quora.com/I-am-a-lesbian-a-U-S-citizen-and-mother-to-a-child-born-in-Spain-where-we-currently-live-Can-I-apply-for-U-S-citizenship-for-my-child

Offline rivers

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Re: Having children and US citizenship
« Reply #3 on: March 13, 2017, 03:30:19 PM »
I basically found this on the USCIS website
"A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:​ [2] ​

•The child has at least one parent, including an adoptive parent​ [3] who is a U.S. citizen by birth or through naturalization;​

•The child is under 18 years of age;​

•The child is a​ lawful permanent resident (​LPR​)​;​ [4] and​

•The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​ [5]"

Well, we won't be residing in the US....
The guidance is clear as mud

Offline rivers

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Re: Having children and US citizenship
« Reply #4 on: June 21, 2017, 02:29:37 PM »
Found this on the US government website as things are starting to get real in the potentially having children area of our life....  From reading this, it looks like any kids we may have, will not be US citizens as I am not genetically related to them.  Result!

"Birth Abroad to One Citizen and One Alien Parent in Wedlock
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship."