Commercial surrogacy and citizenship question

[Tinyteatime]

Not sure if I’m posting in the correct topic here but I know surrogacy has been discussed before. I met someone who has children through a commercial US surrogate, sperm provided by her husband. She mentioned that her children are entitled to US citizenship through their ‘gestational carrier’. I think that the egg was provided by someone different again, but not 100% sure on that. Is their ‘gestational carrier’ legally recorded as their mother in the US regardless of whose egg was used? I know it’s extremely hard to be granted citizenship, I’m just really confused how they record who the actual parent is in this situation and if she (the surrogate) isn’t recorded as their mother why would they get her citizenship? I wanted to ask but the conversation was cut short and I can’t find an answer online. Just pure curiosity.

Like a lot of things in America. I imagine it would depend on the state. Do you know which one?
I know adoption laws vary depending on the state as well.

Rather unusually, the USA offers citizenship to all children born in its soil (bar a few tiny exceptions such as children of diplomats). It does not matter whether the parents are irregular immigrants, for example, citizenship still attaches to the place of birth. So if the child has a birth certificate showing she or he was born in the USA, regardless of who is or isn’t named on it as parent, the place of birth is enough to trigger the citizenship.

I don’t know though how that works in the cases of adoption but this would presumably be the same for non-surrogate adoptions as well as surrogate adoptions - does the change in legal parentage impact on the citizenship status? I would guess not as either way the child was born on US soil.

Interesting question.

And yet another example of why I’m uncomfortable with surrogacy - what a complex picture for the child to have to piece together to understand her own identity.

Oh right, I didn’t t realise different states would have different rules on citizenship. She did say the state but I can’t remember which one it was.

The US operates complète Jus Solis, si if the baby was born there, is entitled to citizenship, regardless of who gave birth. I imagine that's it.

X post with @sycamore54321

States don't have different laws on citizenship. Sycamore has explained it. Any baby born in the USA is automatically a citizen irrespective of their parents' nationality/immigration status.

Thanks for the answer. I’m surprised somehow, not sure why, I just assumed they were really really strict about who they gave citizenship too. I wouldn’t Imagine the US handing it out to anyone that, ya know, happened to be born there regardless of parentage.

Fourteenth amendment of the Constitution, no less.

https://en.m.wikipedia.org/wiki/CitizenshipofftheUniteddStates

It’s also worth noting that US citizenship carries with it higher obligations than most of us are used to - it can make opening a bank account in another country more difficult as US tax authorities have the right to access info from the bank about US citizens worldwide, once an adult you’re obliged to file a US tax return on all your global income and you may be liable for military conscription if that is reintroduced. Most practically, for a child, US citizens are obliged to enter and leave the US on an american passport. Dual nationals cannot use their passport of another citizenship to enter or leave USA and presenting eg a British passport with place of birth listed as USA could lead to difficulties with US immigration.

Of course there are huge benefits too in terms of being able to live and work freely there, but it’s not all positive and the passport one in particular could be a hassle if the family intend visiting the US with the child.