Same-sex couples’ children denied US citizenship because one father is from Israel and one from the US? This rule does not apply if it’s a straight couple entering. The reasoning behind it is inscrutable.
Elad Dvash-Banks and Andrew Dvash-Banks are a legally married same-sex couple.
They decided to use an egg donor and a surrogate to have their biological children. Each father donated sperm.
The twins, Ethan and Aiden, were born mere minutes a part of Canada where they were living at the time.
When coming to the US Consulate to move back to the US, Ethan was denied citizenship because his father is from Israel.
Apparently, if you’re an opposite-sex couple, you can enter the US, apply for the citizenship for your children, born in a different country and you get the green light! The baby is granted citizenship. Even if one of the couples is not a US citizen.
But, because of outdated laws, if you are a same-sex married couple, the State Department requires a DNA test, and if one of the children is not from the sperm of an American, that child is denied citizenship.
So what is this about? It’s about discrimination against same-sex couples. The twins came from the same egg donor, and one American father, carried by the same woman at the same time.
So, Elad and Andrew filed a lawsuit against the State Department, filed on Monday by LGBTQ Immigrant Rights Group that says the State Department is discriminating against same-sex bi-national couples by denying their children citizenship at birth.
“When a man and a woman walk into the consulate of the US with a marriage certificate and birth certificate, no one questions them about biology. A same-sex couple walks into a US consulate, and they will ALWAYS be questioned about biology and require DNA tests,” according to a representative of the Immigrant Rights Group.
They are treating the same-sex couples’ marriage as less important than an opposite-sex couple. Haven’t that battle already been fought and won?
Same-sex couples have all the same rights as opposite-sex couples. But currently, it seems the US State Department is pulling out an old law and trying to use it against same-sex couples when there is already another law that overrides the old one.
That is why Elad and Andrew have filed the lawsuit. Currently, Ethan, who was granted a visa to enter the US has no legal station because his visa has run out. The twins are 16 months old!
Elad and Andrew hope the lawsuit, which another same-sex couple also filed later in the week, will help change the laws.
Said Elad, “I think what we’re doing is right and will fix something that’s not fair. That’s what we’re fighting for.”
Both of these babies should be granted US citizenship. Their parents are legally married. They are twins born of the same woman.
It appears, once again, if people want to discriminate against someone, they will find a way. Legal or not. Hopefully, the lawsuit will clear the way for other same-sex parents to have their own biological children become citizens.