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Gestational Mothers
Immigration and Nationality Act (INA) to include gestational mothers using assisted reproductive technology
regardless of whether they are the genetic mothers. USCIS and the Department of State (DOS), who exercise
authority over these issues, collaborated in the development of this policy. USCIS and DOS concluded that
the term “mother” and “parent” under the INA includes any mother who:

  •   Gave birth to the child, and
  •   Was the child’s legal mother at the time of birth under the law of the relevant jurisdiction.

Under this new policy, a mother who meets this definition but does not have a genetic relationship with her
child (for example, she became pregnant through an egg donor) will:

  • Be able to petition for her child based on their relationship
  • Be eligible to have her child petition for her based on their relationship
  • Be able to transmit U.S. citizenship to her child, if she is a U.S. citizen and all other pertinent citizenship
  requirements are met.

                                                                                                     
Original story may be found at the USCIS website
                                                                                                                                          Original story from USCIS