Securing U.S. Citizenship for Children of Same-Sex Couples Born Abroad: A Nebraska Attorney’s Perspective

As a gay parent and LGBTQ+ immigration attorney here in Nebraska, I know firsthand how complex—emotionally and legally—it can be to build and protect our families. The joyful, messy, miraculous process of becoming a parent is one thing. Navigating a legal system that hasn’t always reflected or respected the reality of queer families is another.

If you’re a same-sex couple living in Nebraska and your child was born outside the U.S., it’s natural to worry about whether your child is recognized as a U.S. citizen. For years, immigration policy in the United States posed serious challenges for LGBTQ+ parents, especially when it came to passing on citizenship to children born abroad. Until recently, the State Department often denied citizenship to kids born into same-sex marriages simply because there wasn’t a biological connection to both parents.

That was the reality—until it wasn’t.

Historically, U.S. immigration law didn’t fully recognize the parental rights of same-sex couples in the same way it did for opposite-sex couples. Specifically, Section 301 of the Immigration and Nationality Act (INA) outlines the requirements for children born abroad to automatically acquire U.S. citizenship. Before 2021, that interpretation often meant requiring a biological tie to the U.S. citizen parent. So if a child was born abroad through surrogacy or donor conception, even in a legal same-sex marriage, that child could be denied citizenship.

This led to painful, unnecessary legal fights for families like the Adhams and the Mize-Maggards—families who had to sue the federal government just to have their children’s citizenship recognized.

But thanks to those lawsuits and years of advocacy, the U.S. State Department made a long-overdue change in May 2021. In a shift that reflects the reality of how LGBTQ+ families form and function, the State Department now recognizes that children born abroad to same-sex couples in legal marriages can acquire citizenship at birth—even without a biological link to the U.S. citizen parent—as long as both parents are legally recognized as parents in the jurisdiction where the child was born or where they reside.

In plain terms: If you’re legally married and recognized as parents, your child should be treated as a U.S. citizen. Period.

Still, the process isn’t automatic. You’ll need to file for a Consular Report of Birth Abroad (CRBA), and possibly a U.S. passport, with careful attention to documentation. That’s where I come in.

As both a gay parent and an immigration attorney, I’m deeply invested in helping families like mine navigate this system. I get it—not just from a legal standpoint, but from the lived reality of wanting your family to be seen, protected, and treated fairly. I can help you assess your family’s status under current law, prepare and submit the necessary documents, and be in your corner if any complications arise.

If you’re in Nebraska and you’ve had a child abroad—or are considering surrogacy, adoption, or other paths to parenthood—and want to ensure your child’s citizenship is recognized, please reach out. You don’t need to figure this out alone.

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

We’ll walk through the process, talk about your family’s story, and take the steps to ensure your child is fully recognized and protected under U.S. law.