The U.S. State Department on Tuesday
reversed a Trump-era policy challenging the U.S. citizenship of
married couples' children born outside the country.
“Children born abroad to parents, at
least one of whom is a U.S. citizen and who are married to each other
at the time of the birth, will be U.S. citizens from birth if they
have a genetic or gestational tie to at least one of their parents
and meet the INA (Immigration and Nationality Act)’s other
requirements,” said State Department spokesperson Ned Price in a
statement. “Previously, the department’s interpretation and
application of the INA required that children born abroad have a
genetic or gestational relationship to a U.S. citizen parent.”
“This updated interpretation and
application of the INA takes into account the realities of modern
families and advances in ART (assisted reproductive technology) from
when the Act was enacted in 1952,” Price said.
At least three married gay couples sued
the State Department after the government refused to recognize the
citizenship of their children. The agency claimed that the children
were “born out of wedlock” because they were not biologically
related to both parents.
The Trump White House had defended the
policy, saying in one case that it “pertained to surrogacy” and
had “nothing to do with the sexual orientation of the parents.”
Lambda Legal, which represented two of
the couples in their lawsuits, applauded the new policy and called
the old policy “unlawful and discriminatory.”
“Lambda Legal applauds the State
Department’s decision in response to change its policy and start
recognizing the U.S. citizenship of children of married same-sex
couples born abroad,” Omar Gonzalez-Pagan, senior counsel at Lambda
Legal, said in a statement. “The prior policy was unlawful and
discriminatory, as recognized by courts in multiple cases, including
two cases we won just last year. We are pleased to see this
resolution, as this welcome change respects the marriages and
families of same-sex couples as is required by our laws and
constitution.”
“No family should have to suffer the
stress and fear of government-sanctioned discrimination. In these
cases, the State Department denied children their rights simply for
who their parents are, causing tremendous harm and anguish for
parents having to worry about the status of their children and their
ability to stay in the country, as well their ability to have the
full benefits and responsibilities of citizenship. This policy was
discriminatory and unconstitutional, and should have never existed.”
“We are extremely gratified by this
decision, which is a victory for the LGBTQ families that came forward
to advocate for the rights of their children,” he added.