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Who gets birthright U.S. citizenship?

Currently, the Immigration and Nationality Act has several scenarios in which a baby born abroad derives U.S. citizenship from birth. One provision states that a baby born abroad “in wedlock” to a U.S. citizen and a foreign person acquires citizenship at birth.

For different-sex parents, when a mother and father walk into a U.S. consulate with a marriage license and a birth certificate, they ultimately walk out with a U.S. passport for their child. For same-sex parents, when two married fathers walk into a consulate with a marriage license and a birth certificate (listing both fathers as exclusive birth parents), they are asked invasive questions about how the baby was created, gestated, and birthed. This is the same for two mothers. If a baby has no biological relationship to the U.S. citizen, the child is wrongly refused citizenship.

What is the marital presumption of parentage?

The law presumes that a married couple’s children are their offspring from birth — even when only one spouse is the child’s biological parent. This presumption exists for both different-sex and same-sex parents.