This is just awful.
A gay couple is suing the U.S. State Department after one of their twins was denied American citizenship, even though one of his fathers is a U.S. citizen.
16-month-old Ethan Dvash-Banks has been living in the country legally on a tourist visa… At least, until last month, when his visa expired. Meanwhile, his twin brother, Aiden, has a U.S. passport.
The boys’ fathers, Elad and Andrew Dvash-Banks, were married in Toronto in 2010. Elad is Israeli; Andrew is American. They moved to Los Angeles a few years later after DOMA was struck down and their Canadian marriage certificate was recognized by the U.S. government. At that time, Andrew sponsored Elad for a green card.
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Related: Gay dads say they were denied family boarding privileges by Southwest agent
When they decided to start a family, they knew they wanted twins. Through the miracle of modern medicine, they worked it out so that each of them would father one of the children. The twins were born in Canada via a surrogate in 2016. Ethan’s biological father is Elad; Aiden’s dad is Andrew. Both men are listed on both children’s birth certificates.
No big deal, right?
Wrong!
The State Department forced the family to undergo DNA testing. Upon learning Ethan’s father isn’t a U.S. citizen, officials determined the infant “has no grounds for citizenship” since he has no biological connection to any U.S. citizen.
“It was an awful moment for our whole family,” Andrew told the Associated Press.
The couple connected with Immigration Equality, an LGBTQ advocacy nonprofit, and filed a lawsuit Monday accusing the State Department of discriminating against same-sex binational couples.
“If a mother and father walk into a consulate and have a marriage certificate and birth certificate, they’re never asked any questions about the biology of the child,” Aaron Morris, executive director of the organization said. “But the converse is also true and every same-sex couple will be asked that.”
The couple says they are hopeful about the outcome.
“I think what we’re doing right now fixes something that is not fair and fighting for what’s right,” Elad said.
Related: Kids Of Gay Dads Are Perfectly Well-Adjusted, Thank You Very Much
h/t: AP News
James
The whole anti immigrant trump hate is sick. Trump is a monster of hate.
Mike999
Yes. He is.
masterwill7
True, he’s the worst thing that could have happened to the USA!
He BGB
Technology is moving faster than we are
GayEGO
This is obviously unfair and the U.S. State Department had better resolve this in favor of these guys as a married couple, one of them American, their children belong to both of them so they have equal rights.
JarodD
It makes me angry that in 2018 we are still fighting for basic rights for our children instead of focusing on things like preventing global warming from killing us and curing cancer. Trumps presidency is like a modern dark age.
MacAdvisor
If I may be so bold as to suggest, while the anti-immigrant hate stuff is sick, it also completely beside the point (no offense intended, James) and technology is also irrelevant (again, no offense, He BGB). What matter is the legal presumption called the “Married Couples Presumption” or ““parentage by estoppel.” All states have such a presumption and it basically holds a child conceived to a married couple is presumptively assumed to be the child of that married couple. It includes children born using assertive conception techniques. No one, save the spouses in the marriage, not even the genetic parent, may challenge the presumption. There are typically ways for a spouse to challenge the presumption and, currently, there is a lesbian in Hawaii trying to prove she is NOT the parent of a child born to her spouse while she was deployed abroad. Thus, the State Department lacks standing to challenge the paternity of the child in the case in the article. The reasoning for this presumption is to provide security and care for the child. As with most family matters, the best interests of the child is often paramount. Thus, whether or not the child is the genetic child of the American father is simply irrelevant. Frankly, the couple never should have submitted to genetic testing, but sued at that point. The parents will win and I hope they get fees and costs.
Juanjo
The fundamental issue here is one of treating a heterosexual couple differently from a homosexual couple. Surrogacy has existed for a long time now. The rules are that the parents listed on the birth certificate are the parents and no one looks beyond that. Both of these men are listed as parents on the Canadian birth certificate and that should be the end of it. But some douche bag at ICE has decided that two men cannot make a baby and thus wants to know the DNA of the baby. But that is not the law. The law is who are listed as parents on the birth certificate. It would be the same if it were an adoption. If Andrew had adopted Ethan, then Ethan is a US citizen. If Ethan’s birth certificate list Andrew as a father along with his spouse then ICE has no legal jurisdiction to counter that, absent some evidence of immigration fraud. The DNA of the child is irrelevant.
MacAdvisor
I agree the DNA of the child is irrelevant. However, Andrew, the American parent, cannot adopt Ethan because he is already listed a parent on the birth certificate. Thus, the Child Citizenship Act of 2000 cannot apply as it is for adoptive parents. Ethan is a natural born American because, while born abroad, he was born to an American citizen. You are quite right, Juanjo, the parents listed on the birth certificate settles the matter. The rule is “The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday. I suspect Andrew meets that requirement. Moreover, there isn’t any legal authorization to demand a DNA test, which is why the parents should have refused to comply with that request.
chris33133
I guess that a lawsuit will settle this.
In the meantime, why not legally adopt each other’s biological child? Wouldn’t that suffice to give each brother dual citizenship?
MacAdvisor
The children cannot be adopted by their natural parents. Both fathers are already listed on the birth certificate as the natural parents of both children. You cannot adopt a child that is already yours.
Birdbrain1963
#Trump Is Satan