Applying for a U.S. Passport for Your Newborn

Surrogacy has become an increasingly popular option for U.S. citizens looking to build their families. It’s good to note that Georgia is emerging as a top destination due to its favorable surrogacy laws and relatively affordable costs. U.S. citizens seeking surrogacy to build their families can do so in a favorable environment without breaking the bank. However, U.S. citizens opting for surrogacy in Georgia face some unique legal and logistical challenges. These are seen when it comes to securing U.S. citizenship for their newborn. This article outlines the step-by-step process for obtaining a Consular Report of Birth Abroad (CRBA) and a U.S. passport for a child born via surrogacy in Georgia. We’ll also discuss the important documents required and important timelines and information to consider when applying for a passport for the newborn after birth through surrogacy in Georgia.

Why Choose Georgia for Surrogacy?

Georgia has become an attractive surrogacy destination due to its well-established legal framework. Unlike some other countries, Georgia allows for surrogacy arrangements that legally transfer parental rights to the intended parents. However, it is crucial to understand that Georgia does not allow same-sex couples to pursue surrogacy. Only heterosexual couples are eligible to enter into a legal surrogacy agreement in Georgia. As such, U.S. citizens considering surrogacy must ensure that all aspects of their arrangement are in accordance with Georgian law.

Step 1: Eligibility for U.S. Citizenship

If certain requirements under the Immigration and Nationality Act (INA) are met, a child born outside the United States to US citizen parents is eligible for US citizenship. These include:

1. Genetic or Gestational Relationship: The child must be genetically or gestationally related to a U.S. citizen parent or a non-U.S. citizen parent married to a U.S. citizen at the time of birth.
2. Physical Presence: The U.S. citizen parent(s) must demonstrate that they have spent the appropriate amount of time physically in the U.S. before the child’s birth. This is typically five years of physical presence in the U.S., at least two of which must be after the age of 14. However, this is not fixed and can vary based on the circumstances of the case. 

The child’s citizenship is documented via a Consular Report of Birth Abroad (CRBA), which serves as proof of U.S. citizenship.

Step 2: Prepare for the CRBA and Passport Application

Once your child is born through surrogacy in Georgia, you can apply for a CRBA and a U.S. passport. The process can only begin after the child is born, and typically, both documents are processed simultaneously at the U.S. Embassy in Tbilisi.

To apply for a CRBA and U.S. passport, you’ll need the following:

Essential Documents:

• Surrogacy Agency Contract: Original, notarized, and translated into English.
• IVF Procedure Documentation: Original and notarized translation showing the process used in the assisted reproductive technology (ART).
• Hospital Report of Birth: Original and notarized translation.
• Local Birth Certificate: Original and notarized translation of the Georgian birth certificate. 

These documents should be digitally uploaded before applying for an appointment at the U.S. Embassy. Each application should have a separate set of documents if applying for more than one child.

Additional Considerations:

• DNA Testing: The U.S. embassy may request a DNA test to confirm the genetic relationship between the child and the U.S. citizen parent(s). If this occurs, it will be required at the time of your appointment. It’s best to prepare for it.

Step 3: Schedule an Appointment at the U.S. Embassy in Tbilisi

The U.S. Embassy in Tbilisi handles all CRBA and passport applications for U.S. citizens residing in or visiting Georgia. To begin the process:

1. Visit the embassy’s CRBA Appointment Scheduling Page here.
2. Both parents and the child must appear in person at the U.S. Embassy in Tbilisi. If only one parent can attend, a notarized Form DS-3053 (Consent to Issuance of a Passport for a Minor Child) from the non-attending parent, along with a certified copy of their passport or photo ID, must be submitted.

The embassy typically schedules appointments several weeks in advance, so plan ahead to avoid delays. 

To learn more, contact us at info@anavara.com 

Step 4: What to Expect On the Day of the Appointment

On the day of your appointment, ensure that you bring all required documents, completed forms, and any necessary fees. At least one parent must attend with the child though it is preferable that both parents accompany the child. If one parent is not physically present, a notarized DS-3053 (Statement of Consent for Issuing a Passport to a Child) should be sent together with a certified true copy of that parent’s passport or photo ID. Both applications need to be ready for submission if you want to apply for both the CRBA and a passport.

Application Forms to Complete:

• Form DS-2029: Application for Consular Report of Birth Abroad.
• Form DS-11: Application for a U.S. passport.

Both forms can be downloaded and filled out before your appointment. The Anavara team is always ready to assist as it is crucial to ensure all information is accurate to avoid processing delays.  

Once the appointment date is fixed, the following documents should be taken to the interview: 

• Passports
• ⁠Driving License or State Id 
• ⁠Proof of address
• ⁠Utility Bills
• ⁠Credit Card statements – to show presence in USA for 5 years
• ⁠Social Security Card
• ⁠Social Security Statement
• ⁠Last 2 years of Income Tax filings
• ⁠Home ownership or Lease Agreement for Residence
• ⁠Bank Statements

Step 5: Processing Timelines

Once the application is submitted, processing of the CRBA and passport generally takes around 3–6 weeks.

Important Note on Emergency Passports:

If you need to travel to the United States before your child’s CRBA is ready, you can apply for an emergency limited validity passport for your child. This passport will allow you to travel while waiting for the final CRBA and full passport. Keep in mind that this is an emergency measure, and the full process must still be completed.

Step 6: Returning to the U.S.

Once the CRBA and passport are approved and issued, your child is legally recognized as a U.S. citizen. You can return to the U.S. with full confidence that your child has the necessary legal documentation for U.S. citizenship and entry.

Conclusion

For U.S. citizens pursuing surrogacy in Georgia, securing U.S. citizenship for your child is a critical step. By following the outlined steps for applying for a CRBA and U.S. passport, you can ensure your child’s legal status and citizenship. Always plan ahead, gather all necessary documents, and be prepared for potential delays. For further information, consult the U.S. Embassy in Tbilisi website or the State Department’s Consular Affairs website for the most up-to-date guidance. 

Contact us at info@anavara.com for personalized information on how to navigate the surrogacy process.

This guide has provided you with the information you need to know to navigate the process of Georgia Surrogacy and applying for U.S. Passport for Your Newborn. By staying informed and organized, you can ensure a smooth transition for your new family.