Family in China - American Mother Was Surrogate - All American Citizens
This story has hit the airwaves and it demands Congressional/INS action post haste. The headline says it all: Wealthy Chinese seek U.S. surrogates for second child and green card.
This story raises all sorts of complex legal issues and immediate action by the U.S. government to change the law in order to close this "automatic" citizenship loophole before it gets out of hand.
First of all, I totally support a woman's right to carry a child for someone who can't but NOT for automatic citizenship as this allows.
A simple fix would be to amend the 14th Amendment by saying, once medically established, something along these lines:
"Surrogate babies born to any American woman anywhere in the world shall not be afforded automatic American citizenship. Those born in such circumstances would be allowed to be born here, but would likewise have to apply for admission to the U.S. just like any other person from a foreign land wishing to come and live in the United States as outlined this way:
"1. They would emigrate from their native country in order to settle in another, i.e., China to the U.S.
"2. They would be allowed to immigrate to the U.S. for permanent residence after following the due process.