As a gay parent and LGBTQ+ immigration attorney in Nebraska, I know firsthand how complicated—and deeply personal—it can be to build and protect our families. The process of becoming a parent is joyful, messy, and miraculous. But navigating a legal system that hasn’t always acknowledged or respected queer families? That’s a challenge all its own.

If you’re a same-sex couple living in Nebraska and your child was born outside the U.S., it’s natural to wonder whether your child is recognized as a U.S. citizen. The answer is more hopeful today than it used to be—but it still requires legal clarity and documentation.

The History: Why LGBTQ Parents Faced Roadblocks

For years, U.S. immigration policy placed unnecessary barriers in front of same-sex couples trying to pass on U.S. citizenship to children born abroad. Specifically, Section 301 of the Immigration and Nationality Act (INA) outlines how a child born overseas can acquire U.S. citizenship at birth. But before 2021, that section was often interpreted to require a biological connection to the U.S. citizen parent.

So if your child was born abroad via surrogacy or donor conception—even within a legal same-sex marriage—the U.S. government could deny that child’s citizenship simply because both parents weren’t biologically related to the child.

Families like the Adhams and the Mize-Maggards were forced to sue the federal government just to have their children’s U.S. citizenship recognized. And those lawsuits changed everything.

The Shift: A New Path for LGBTQ Parents

In May 2021, the U.S. State Department updated its policy. The new guidance reflects the reality of how modern families are formed—including LGBTQ+ families.

Now, children born abroad to married same-sex couples can acquire U.S. citizenship at birth as long as:

  • At least one parent is a U.S. citizen, and

  • The parents are legally recognized as the child’s parents in the jurisdiction where the child was born or resides

That means no biological tie is required—a huge step forward in acknowledging and protecting queer families.

What This Means for You as an LGBTQ Parent in Nebraska

If you’re a legally married same-sex couple in Nebraska and had your child abroad through surrogacy, IVF, or donor conception, your child is likely eligible for U.S. citizenship at birth. But the process isn’t automatic. You’ll need to:

  • Apply for a Consular Report of Birth Abroad (CRBA)

  • Gather specific documentation proving your marriage, parentage, and citizenship

  • Possibly apply for a U.S. passport for your child

And while the policy change is good news, navigating the application process still takes legal guidance and care.

Why I Do This Work

I don’t just show up to this work as a lawyer—I show up as a gay parent who’s lived the worry, the questions, and the quiet fears that come with building a family outside the system’s expectations.

At Zachary W. Anderson Law, I help LGBTQ+ families across Nebraska make sure their children are fully recognized and protected under U.S. immigration law. Whether you’re currently living abroad, recently returned to Nebraska, or are still planning your path to parenthood, I’m here to help.

From evaluating your case and reviewing documentation to preparing and submitting your CRBA application, I’ll guide you every step of the way—and be in your corner if complications come up.

Let’s Make Sure Your Child’s Citizenship Is Secure

You’ve done the hard, beautiful work of creating a family. Now let’s make sure the law respects it.

If you’re in Nebraska and you:

  • Had a child abroad

  • Are pursuing surrogacy, adoption, or donor conception

  • Have questions about your child’s legal status

Contact Zachary W. Anderson Law at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation.

We’ll walk through the process, talk about your family’s story, and take the steps to ensure your child is recognized—fully and legally—as a U.S. citizen.

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