U.S. Government Bars Gay Couple's 2-Year-Old Son From Obtaining Citizenship

May 10, 2019


A married gay couple is fighting back after the U.S. State Department is refusing to grant one of their twin boys citizenship. Andrew Dvash-Banks, who is a U.S. citizen, and his husband Elad, who's from Tel Aviv, each contributed sperm to conceive twins via surrogates. Their twins, Ethan and Aiden, were born in Toronto in 2016. When the family moved to the U.S., Aiden was issued a passport, but Ethan was denied, since his biological dad is Elad. The couple sued on the grounds of discrimination, since immigration laws dictate that children born while abroad to U.S. citizens should be granted U.S. citizenship. “The State Department policy discriminates against same-sex couples because it does not respect the validity of their marriages,” the couple's lawyer, Aaron C. Morris, tells People. “There is no biological relationship requirement in the law for married U.S. citizens to pass on birthright citizenship to their children. The State Department is treating same-sex couples as if their children are born out-of-wedlock." A California judge had ordered Ethan be given a passport and citizenship, but the U.S. State Department is appealing that ruling.