Citizenship By Birth in Case of Surrogacy

1. 🩺 Citizenship by birth in different states: what it is and how it works
2. 🤰 Documents for obtaining citizenship by birth in case of surrogacy
3. ⭐ Nuances of obtaining citizenship by birth in the case of surrogacy

Especially often contacting a clinic abroad occurs when it is necessary to turn to surrogacy. The service is still not legal in all countries, there are difficulties with the transfer of parental rights from a surrogate mother to natural parents, fees for surrogate mothers vary significantly from country to country. In the context of the citizenship of the child by birth, the future mother and father are concerned about one of two nuances:

• A guarantee that the child will receive the citizenship of the country of birth (if the “right of the soil” operates on its territory) and the possibility of cohabitation with the child;
• Guaranteed recognition of the newborn as a citizen of the parents' home country and unhindered return home with him.

Difficulties in both cases can arise for a variety of reasons. To understand this in more detail, we will consider the main nuances in this article.

Citizenship by birth in different states: what it is and how it works

In general, there are two main grounds for obtaining citizenship by newborns:

1. By "law of the blood".
2. According to the "law of the soil".

In the first case, the citizenship of the parents is taken into account: the newborn is recognized as a citizen of the same country as his family. If the parents have different citizenship - one of the two countries where the right of blood is also implemented.

Important: in countries that apply the “right of blood”, the genetic relationship with the newborn is very important. Therefore, future parents of these countries, in order to avoid problems with legalization and returning home, should be extremely careful to enter programs using donor biomaterials (with egg donation or sperm donation). Consult with lawyers in the field of reproductive law, look for information on this issue on the website of the embassy of the country you chose.

In the second case, the child receives the citizenship of the country where he was born, the citizenship of the parents is not taken into account. At the same time, his family has the right to citizenship of the country where their child was born. For example, recognizing a newborn as a citizen of Argentina automatically entitles him to citizenship of that country.

In a number of countries, both grounds are used, depending on the accompanying factors. For example, in Germany, a child becomes a citizen by “right of blood” if he is born in a marriage where one of the spouses is a German citizen, or out of wedlock if the mother has the citizenship of the country, or the father who recognized the child has it.

An extreme case of legal conflict: the impossibility of obtaining citizenship by a child born in the territory of a state that applies the “right of blood” from parents whose home country is guided by the “law of the soil”. Therefore, the future mother and father, before entering the reproductive program abroad, should clarify all the nuances as much as possible by contacting the embassy of the country where the program is supposed to be held.

Documents for obtaining citizenship by birth in case of surrogacy

The grounds and procedure for obtaining, as well as the list of necessary documents for obtaining citizenship by a newborn, are determined by the law on citizenship of each individual country. However, there are documents that are a general requirement in every country. For example, US citizens whose child was born by a Ukrainian surrogate mother in Ukraine will have to submit the following list to the consulate:

• Original Ukrainian birth certificate with translation into English;
• A copy of the medical birth certificate with a translation into English (the certificate is issued by the hospital where the birth took place, it will indicate the surrogate mother);
• Proof of citizenship and identity of both parents (ideally a US or foreign passport);
• Original marriage certificate of the parents (if the marriage is registered), information about the end of previous marriages. All documents not in English must be translated and notarized;
• Evidence of physical presence in the United States prior to the birth of the child of a parent (or parents) who is a US citizen and is related by blood to the child. School certificates, utility bills, medical records, and other official documents will be accepted. If available, old passports with US entry/exit stamps;
• Documents from a reproductive clinic proving the use of genetic material from US citizen parents, translated into English;
• A notarized copy of the statement from the surrogate mother on the transfer of parental rights to legal parents with translation into English (the notarized original is provided at the registry office to obtain a Ukrainian birth certificate);
• Completed application form DS-2029. The form can be found and downloaded on the consulate website (do not sign the document until the consular officer asks you to do so).

In addition to the specified list, you will need to pay a consular fee (for US citizens the amount is $ 100), as well as provide the results of a DNA test confirming the relationship with the newborn.

Important: Only DNA tests performed in accredited laboratories are accepted. The list of accredited laboratories should be clarified at the consulate. The consulate will receive the results directly from the laboratory.  

Nuances of obtaining citizenship by birth in the case of surrogacy

In the case of participation in surrogate motherhood programs in the context of the child's further acquisition of citizenship, the genetic or gestational relationship with the child of his parents is of paramount importance. If it is absent, there is no automatic acquisition of citizenship.

Using the example of the United States, citizenship by birth will be obtained in the following cases:

• A US citizen father or mother may transfer citizenship to a newborn if there is either a genetic or gestational link.
• In the absence of these ties, a US citizen may transfer citizenship if, at the time of the child's birth, a marriage was registered with a parent who has a gestational or genetic relationship with the child.

In order not to get confused in the requirements for obtaining citizenship in countries where different grounds for obtaining it (“right of blood” and / or “right of soil”) apply, you will need the advice of lawyers. And it is definitely worth participating in international programs adapted to your individual situation (for example, if you need donor genetic material).

Feskov Human Reproduction Group's international guaranteed programs take into account all the needs of future parents. Birth in countries where the child will acquireUS/Canadian/European citizenship, for married/partner couples/single people, heterosexual and same-sex couples. The clinic guarantees the result in the form of the birth of a healthy child (you can even provide him with ideal genetics using the service “Human Genomics”). And no legal conflicts: our lawyers will provide full support until your child receives the promised citizenship. Look at the reviews of our clients from different countries to dispel doubts. We are also in touch on the site - order a consultation! 

Authors, contributors:

Anna Salnikova
Lawyer on Reproductive Rights and Policies in the Reproductive Area

published: 13 December 2022
updated   : 02 March 2023

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