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My wife and I have a child from IVF from Shady Grove. We selected an embryo donor who is born in the US but her parents are from Europe, I think one is from France.

I was just curious, could we somehow get a European passport or residency from our child's biological mother?

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    Whose name is on the birth certificate? Apr 2, 2023 at 15:59
  • Can you get paternity/maternity established? If they are not on the birth certificate, the rest will be difficult.
    – o.m.
    Apr 2, 2023 at 16:02
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    To clarify, are you asking whether you could get a European passport for the child, or whether you the parents could get European passports for yourselves? Apr 2, 2023 at 16:28
  • The possibly-French woman donated an embryo or just the egg? If the former, what do you know about the father?
    – phoog
    Apr 2, 2023 at 22:12

2 Answers 2

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Under your description, the embryo donor might have French nationality, since at least one of her parent was presumptively a French citizen, but since she was born in the US, it was also required that the birth was recorded in the French civil register, so one might have to litigate to get the donor's French citizenship recognized. There is a time limit under the French Civil code Art 30-3 (probably not applicable)

When a person habitually resides or has resided in a foreign country, in which the ancestors from whom he holds the nationality by parentage have settled for more than half a century, that person may not prove that he has the French nationality by parentage if he himself or his father or mother who could have transmitted it to him has not enjoyed the possession of being a French national. In that event, the court must record the loss of the French nationality under Article 23-6

A complication is that surrogacy is illegal in France, and requests for the appropriate certification from the French government may be denied, as stated in the article "In the majority of cases, children born abroad by surrogacy are denied French civil status, and there are delays in the issuing of certificates of French nationality". This being a political matter, it could change. A further complication is that in the US there is significant variation between states in whether the donor is on the birth certificate at all.

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No.

In a legally recognized IVF arrangement, the donors of the genetic material do not have a parent-child relationship to the child born.

Citizenship by means other than place of birth or naturalization requires a parent-child relationship to have been formed.

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