On August 5, 2021, USCIS updated its guidance on children born outside of the U.S. and for children born through assisted reproductive technology (ART).
USCIS will consider a child to be born in wedlock when their legal parents are married to one another at the time of birth and at least one of the legal parents has a genetic or gestational relationship to the child.
USCIS considers the definition of child to include the child of a U.S. citizen parent who is married to the child’s genetic or legal gestational parent at the time of the child’s birth (even if no genetic or gestational relationship exists with the U.S. citizen parent) if the relevant jurisdiction recognizes both parents as the child’s legal parents.
