Gay married couple sues after daughter denied U.S. citizenship

The Maryland couple’s infant daughter was born in Canada to a surrogate mother earlier this year.

A gay married couple in Maryland is suing to challenge the State Department’s refusal to recognize the U.S. citizenship of their infant daughter, who was born in Canada to a surrogate mother this year.

gay married couple

Photo Courtesy of Immigration Equality.

The federal lawsuit, filed Thursday, says a State Department policy unlawfully treats the children of married same-sex couples as if they were born out of wedlock.

The plaintiffs, Roee and Adiel Kiviti, had their first child, Lev, in 2016; he was born in Canada via surrogacy and has had U.S. citizenship since birth. However, their second child, Kessem, was born in 2019, after the Trump administration began enforcing the Immigration and Nationality Act’s provision that children born “out of wedlock” do not automatically obtain U.S. citizenship.

 

The State Department’s application team has in several cases categorized the children of same-sex couples that use fertility services, like sperm donors and surrogacy, as born “out of wedlock.” An attorney for the Kiviti family says their suit is at least the fourth such case to challenge the policy.

Immigration Equality, an LGBTQ immigration advocacy group, is leading the court effort to gain birthright citizenship for these children. The organization is working with the Kivitis and the other three known families suing the State Department for the same reason: Andrew and Elad Dvash-Banks; Allison Blixt and Stefania Zaccari; and Derek Mize and Jonathan Gregg.

NBCNews.com by The Associated Press and Tim Fitzsimmons, Septemeber 12, 2019

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Gay fathers study shows they receive less parental leave than other couples

Gay fathers study shows they received the same number of weeks off as different-sex couples in just 12% of 33 countries studied

Gay fathers study shows that around the world they receive less paid parental leave than lesbian or heterosexual couples, researchers said on Thursday, with many left struggling to pay household bills if they opt to spend more time at home with their children.gay fathers

The study by researchers at the University of California, Los Angeles (UCLA) examined paternity laws in 33 member countries of the Organisation for Economic Co-operation and Development (OECD) that offer paid leave to new parents.

First published in the Journal of Social Policy, the research found that gay male couples received the same number of weeks off as different-sex couples in just 12% of those nations.

Lesbian couples received equitable time off in just under 60% of the countries studied, researchers found after examining legislation gathered by the International Labour Organization in 2016. Some countries have since updated their leave policies.

“A lot of the differences in leave stem from gender stereotypes where women are the primary caregivers,” Elizabeth Wong, the lead author, told the Thomson Reuters Foundation.

“That not only affects heterosexual couples, it greatly disadvantages same-sex male couples.”

Laws in most countries did not prohibit same-sex couples from paid leave, but policies only referenced the needs of heterosexual couples and did not acknowledge same-sex couples.

As of 2019, same-sex marriage was legal in less than 30 countries, and gay sex remains illegal in about 70 countries.

The rise of far-right political parties around the world has raised concern around LGBT+ rights, and the fight for parenthood or adoption rights is a legislative battle even in countries like Germany.

On average, same-sex male couples had five fewer months of paid leave than different-sex couples, while same-sex females received three fewer months than heterosexual couples, researchers said.

The study did not address transgender or non-binary couples.

Australia, New Zealand, Iceland and Sweden were the only countries to offer the same paid leave to all couples, including gay men, ranging from 18 to 70 weeks.

While companies in Switzerland often offer parental leave to men, only a minority of people benefited, said Jody Heymann, a director at WORLD Policy Analysis Center.

“There’s little doubt that if you want to avoid discrimination, it’s far better for paid leave to be done through social insurance,” said Heymann of government funded public health programs.

A 2018 report from the WORLD Policy Analysis Center found that OECD countries that offered six months paid parental leave saw increased numbers of workers and no change to unemployment or economic growth.

Thomson Reuters Foundation by Kate Ryan, September 5, 2019

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The unintended consequences of Canada surrogacy law changes (Opinion)

There are unintended consequences to Proposed Canada surrogacy law changes.

Canada is considered an international surrogacy destination, with progressive laws that have attracted couples internationally. But, in just over nine months, a new Canadian fertility landscape will be born, bringing new regulations for reimbursing surrogates and donors. In fertility circles – both in Canada and beyond – there is fear that these new regulations by law will discourage people from becoming surrogates and donors.Canada surrogacy law

The new regulations from Health Canada, which come into effect June 9, 2020, set out exhaustive categories of reimbursable expenses – a big change from the current system, which does not specify what can be reimbursed and allows for wide interpretation of what constitutes a “reasonable expense.” That wide interpretation has allowed for flexibility in customizing fertility arrangements but may have a huge effect on Canada surrogacy law.

When the new rules take effect, eligible expenses will, for instance, include travel, insurance and legal fees, as well as counselling services and care for dependents and pets. The idea is to offer more certainty about which reimbursements are legitimate – and to allay any fears about being subjected to criminal sanctions.

Federal Health Minister Ginette Petitpas Taylor has said that the regulations would provide couples struggling with infertility, single individuals, same-sex couples and others in the LGBTQ2 community more flexibility in building families. Couples will have the option to offer surrogates reimbursements for certain products and services beyond the actual pregnancy and into the postpartum period, which was not previously the case. This might make it easier for couples to obtain a surrogate, as they can provide reassurance that expenses related to potential health complications arising after the delivery will be reimbursed. But at the same time, the new regulations introduce more onerous requirements for reimbursement by requiring surrogates and donors to complete signed declarations in addition to providing receipts (surrogates are exempted from providing receipts under certain circumstances).

The biggest concern is that the regulations will likely make it even more difficult to access assisted reproduction, including medical procedures such as in-vitro fertilization, to conceive a child with the help of a surrogate and/or donor. The fear is that the new regulations will further discourage individuals from becoming surrogates and donors. Currently, surrogates and donors in Canada are driven by altruistic motivations, since it remains illegal to pay a surrogate for her services or pay for ova or sperm from a donor. However, if potential surrogates and donors risk not being reimbursed for reasonable out-of-pocket expenses, they may be dissuaded from helping others build families.

Alarmingly, the draft guidance document interpreting the regulations released by Health Canada states that “[t]here is no obligation to reimburse, meaning that only persons who wish to reimburse eligible expenditures will do so.” This could lead to exploitation of donors and surrogates. (The guidance document has not yet been finalized; consultation on it closed on July 26.)

www.theglobeandmail.com by Melissa Salfi, September 6, 2019

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