State Department no longer fighting in 2 cases involving citizenship of same-sex couples’ children

State Department no longer fighting in 2 cases involving citizenship of same-sex couples’ children

The State Department no longer fighting in 2 cases involving citizenship of same-sex couples’ children.  Two families are celebrating a decision by the U.S. State Department to stop fighting in two cases involving the citizenship of children of same-sex couples.Birthright citizenship

On Monday, the department withdrew its appeal in one case, and decided not to appeal a district-court decision in another, according to a statement released by Lambda Legal, a legal advocacy organization that focuses on the rights of LGBTQ people.

Earlier this year, the U.S. District Court for the District of Maryland held that Kessem Kiviti, the daughter of same-sex married couple Roee and Adiel Kiviti, had been a citizen since birth.

Kessen was born in Canada via surrogacy. When her parents — both born in Israel and naturalized citizens — applied for her a passport, the State Department said that she didn’t qualify. They argued that she was only biologically related to Adiel, who had lived in the U.S. for less than five years.

The couple sued, and on June 19, a court held that for the children of married parents, the law required no biological connection to a parent, for the child to be born a citizen.

The State Department appealed, but has now withdrawn it.

NYDailynews.com, by Muri Asuncao, October 28, 2020

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Twins Were Born to a Gay Couple. Only One Child Was Recognized as a U.S. Citizen, Until Now.

Aiden and Ethan Dvash-Banks are twin brothers who were born minutes apart.

But only one of them was considered to be a United States citizen by the State Department. A federal judge ruled this week that was a mistake.

The twins are the sons of two married gay men, an American citizen and an Israeli citizen. Aiden was conceived using sperm from his American father and Ethan was conceived using sperm from his Israeli father, court records show. A surrogate mother gave birth to the boys in Canada in 2016.

The family sued the State Department for denying Ethan citizenship, drawing attention to a department policy that says that a child born abroad must be biologically related to an American parent to become a citizen. Gay rights activists argued that the policy harms same-sex couples, who often use assisted reproductive technology to have children.

“Two kids who have almost identical life experiences and parenting,” said Aaron C. Morris, a lawyer for the family and the executive director of Immigration Equality, a legal advocacy group that worked on the case. “To treat them differently is absurd.”

In a ruling on Thursday, Judge John F. Walter of Federal District Court for the Central District of California said that Ethan should be recognized as a citizen since birth. The judge ruled that federal law does not require a child born to married parents to prove a biological relationship with both parents.

The State Department said in a statement on Friday that it was reviewing the ruling, but did not respond to questions about what it would mean for the policy going forward.

The twins, now 2 years old, were born to Andrew Dvash-Banks, an American citizen, and Elad Dvash-Banks, an Israeli citizen. The couple met in Israel and married in Canada in 2010 before having their sons with the help of assisted reproductive technology, according to their lawsuit.

After the twins were born, their parents went to the United States Consulate in Toronto to certify the children’s American citizenship and get United States passports. But they were told that the twins had to take a DNA test to prove a genetic connection to Andrew, the lawsuit said.

Ethan was denied citizenship because Andrew was not his biological father, according to a copy of a letter from the State Department included in the lawsuit.

by Sarah Mervosh, New York Times, February 22,2019

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