Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, January 2, 2014

Child Born to Surrogate has Dual Citizenship: Harignordoquy v. Barlow


Mother, a U.S. citizen, and Father, a citizen of both France and the U.S., were married in Teton County after executing a prenuptial agreement. The parties subsequently became the parents of twins through surrogacy. In 2011, Mother filed for divorce in the Teton County district court. Father then moved to France. The trial court entered a decree that divided the parties' property in accordance with the prenuptial agreement and awarded Mother sole custody of the children. The Supreme Court affirmed, holding that the district court did not err in (1) determining that it had jurisdiction to resolve the parties' custody dispute; and (2) declining to assign any significant weight to the children's possible dual citizenship in making its custody and visitation determination.

For the opinion, please click here.


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