This is one U.S. citizen parent and one foreign born child.
OK, I understand that, but that's kinda the question in my mind.
Whether the law currently address' surrogacy or not, which it appears is does not, then under the current law, would both these situations be fairly equal?
1. US citizen father and foreign mother conceive/birth an out of wedlock child outside the US.
2. US citizen father and US citizen mother (although her status may not be relevant) in vitro conceives a child with a surrogate birth mother.
Both fathers of record are US citizens, so both children might also be under current law couldn't they?
Neither case would rely just on the law anyway would they, since it reads:
(1)a blood relationship between the person and the father is
established by clear and convincing evidence,
Both situations will require some form of inquiry to establish or disavow a child's citizenship.
Laws never stand separate and above their applied interpretations.