Understanding the Challenges of International Fertility

Would-be parents who are considering different options for fertility might be, presented with the idea of looking overseas for assistance in being able to have a child. After all, the U.S. is not the only developed country with the ability to provide fertility services. However, once one crosses the border, several issues come into play rooted in citizenship and immigration law that have a tremendous impact, both from an American as well as foreign perspective, particularly with the child born.

Citizenship Status

Generally, a child is a citizen where they are born. Most countries have this rule in place. There are exceptions, such as children born on a U.S. military base overseas, for example, where citizenship is extended by proxy because the location is considered a U.S. territory. Other countries have similar rules.

In most situations, the U.S. Department of State will have laid out the rules for how a child’s citizenship is treated overseas. That in turn will affect the immigration of the child from the U.S. side. Remember, the host country may also have a say in the matter for a child born in their territory. They might not be as willing to just let the family leave automatically. Understanding and knowing these rules ahead of time before starting a fertility process overseas is essential. An international fertility law group is often a good place to start to find out about these rules when researching.

Proof of Familial Relationship

Another complication of immigration will be proof of familial relation. Just because a new parent says a child is theirs doesn’t mean the immigration officials on arrival automatically have to accept that statement. They may and often do want to see documentation confirming the same. This will most likely be in the form of medical records, vital statistics records, and special paperwork for the purposes of immigration itself. Parents can fully expect to prove their own residency and citizenship in the U.S. as well on return. Again, doing the homework ahead of time with international fertility attorneys avoids instant headaches at the airport or port of entry.

Travel Documents are Different from Immigration Documents

While most people are familiar with the need for a passport from their home country to engage in modern travel, other travel documents can be needed, depending on different country rules. Moving brand new children can be particularly challenging because their records have not been fully established in government records (usually, the local vital statistics office is typically the only one with an immediate record of a new child). Specialized travel documents issued by home countries of departure tend to be required, essentially saying it is okay for the child to travel or leave the territory of departure. These documents are not automatic, typically are only provided on application and request, and can take time to produce.

Expert Guidance Creates a Huge Advantage

Aside from planning ahead, those families who utilize help from an immigration fertility expert or fertility lawyer will often find that the amount of time that otherwise would have been spent learning processes and finding documents to file can instead be spent on the fertility event, family, and travel instead. An expert typically has built up a tremendous amount of knowledge specific to fertility programs, travel, and immigration to specific countries and how they are related to the U.S. That kind of knowledge saves days and weeks of effort, as well as helps avoid mistakes that can tie up and delay paperwork otherwise. The Midwest Fertility Law Group is a key player in helping families, both in research as well as advocating through different travel and country processes. As an international fertility law firm, Midwest Fertility has been essential in complex situations as well as in helping families already in significant challenges from mistakes and dealing with personal emergencies. While planning is always the most advisable path, a Midwest Fertility lawyer has the experience to deal with a changing landscape, a common issue when things are fluid in-country rules due to political changes.

The first step to take is to reach out and ask for information. Midwest Fertility Law Group is ready to help.