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.

1. yes/no. Illegitmate births are conditional.
2. depends on how the host country records the birth.



No. A person entering the U.S. is an alien until they establish otherwise. So, say the documentation and circumstances shows the child is an alien. The Inspector will admit the child into U.S. as such. The parents want their child to be "deemed" a U.S. citizen. They sue. This "inquiry" takes 2 years...say. Regardless of the outcome, from the time of entry to the moment of decision, the child will be an alien.

Uhh, I'm not saying they wouldn't, just that in either case the child's status will be established by some form on inquiry.

Since there is no prior ruling on surrogacy cases, it would seem fairly impossible to know for sure what will happen until a precedent has been set.