CRBA case where the mom is not genetically related to child

[kyli_95 0]

This is our situation. I really hope someone has experience this before. I am a US citizen and I have a child in Mexcio. We did the DNA testing and was proven that I am the biologically related to the child. The problem is the mother is not, we actually used an egg donor to conceive the child. The mother appears in the birth certificate as the legal mother of the child. The US embassy is confused on what to do next that they had to contact US Dept of State. I was wondering what will happen next. I was wondering if anybody knows anything like this case. I would truly appreciate your reply. Thank you so much for the time in reading my post.

[EM_Vandaveer 2,370]

No experience. But I don't understand how it matters who the biological mother is, if it's proven that you, a USC is the biological father.

I'm assuming they are confused about who to put on the CRBA as mother?

Why? Egg donors are never legal mothers and sperm donors are never legal fathers, anyway. Your wife carried and delivered the child, why would she not be considered the legal mother? It doesn't make much sense to me.

Edited November 3, 2016 by EM_Vandaveer

[Merrytooth 5,748]

I found some websites which are related to your case.

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/assisted-reproductive-technology.html

This one is relevant to your wife situation:

USCIS Expands the Definition of Mother and Parent to Include Gestational Mothers Using Assisted Reproductive Technology (ART

https://www.uscis.gov/news/uscis-expands-definition-mother-and-parent-include-gestational-mothers-using-assisted-reproductive-technology-art

[NigeriaorBust 4,087]

They may be figuring out if there was a misrespresentation on the part of the mother. Make sure you show them the ruling above.

[kyli_95 0]

Thank you so much for all the reply. I think the 2nd link defines our situation. They told me that they have never seen a case like this and unsure on how to proceed. And that they have to contact Dept of State in Washington to find out what they say. We been waiting for some time now and I hope this gets resolve quickly. I will post whatever they will me.

[EM_Vandaveer 2,370]

From the first posted link:

"A CRBA is a citizenship document, not a parentage document. A CRBA certifies that a child born abroad is a U.S. citizen. A CRBA does not determine the identity of the childs legal parents. Therefore, in general, the name/s listed on the CRBA is/are the U.S. citizen parent/s with a biological connection to the child. A second parent may be listed on the CRBA if the second parent demonstrates a legal parental relationship to the child under local law; the CRBA does not, however, serve as a record of that individuals status."

In light of this, I don't understand the Consulate's problem. Can't they issue the CRBA with only OP's name on it?

Edited November 3, 2016 by EM_Vandaveer

[kyli_95 0]

I think there point is not to register someone who is not genetically related to the baby. By law because shes the one who carried she is the legal mother. I really dont understand them and why the mother had to go dna testing when we all know she is not genetically related to the child. The results already came back negative for the mother.