A U.S. citizen parent who has a child using a surrogate mother in Ukraine may apply for a Consular Report of Birth Abroad of an American Citizen (CRBA) and a U.S. passport for the child at the U.S. Embassy in Kyiv (Consular Section). A CRBA certifies that a child born abroad is a U.S. citizen and lists only the name(s) of the U.S. citizen parent(s) with a biological connection to the child. If the spouse of the U.S. citizen parent does not have a biological connection to the child or is not a U.S. citizen, the spouse will not be recorded on the CRBA even if he or she is listed on the local Ukrainian birth certificate.
If the U.S. Embassy determines that the child is a U.S. citizen, he or she will need a U.S. passport to enter the United States. As part of the application process, the intended parents should provide to the U.S. Embassy evidence of the child’s conception and birth, as well as evidence of the parents’ identity, citizenship, and requisite physical presence in the United States. They also will need to arrange for the child’s DNA tests.
In summary, if the child is not biologically related to a U.S. citizen parent, the child will not acquire U.S. citizenship automatically at birth. Furthermore, should the child have blood relationship only to the U.S. citizen father, but not the father’s wife, the case would be treated as a birth out of wedlock to a U.S. citizen father, pursuant to Immigration and Nationality Act, Section 309(a), and the father would have to meet the additional requirements of that section otherwise, INA 301 requirements would apply, including certain residence requirements.