Gay couple sues US after one twin son born to surrogate denied citizenship

A gay couple is taking legal action after only one of their twin sons was recognised as a United States citizen.

The family is suing the US State Department after 16-month-old Ethan Dvash-Banks, whose biological father is Israeli citizen Elad Dvash-Banks, was refused the same rights as his brother Aiden, whose biological father is Andrew Dvash-Banks - an American citizen.

Andrew and Elad, who met while Andrew studied in Israel, are both listed on the birth certificates of the children, who were born in Canada via a surrogate using donor eggs and sperm from each father.

The pair met when Andrew was studying in Israel

The pair met when Andrew, left, was studying in Israel. Pic: Immigration Equality

Their latest battle comes after they moved to Canada to get married as they were unable to do so in either Israel or the United States. They filed their case after moving to Los Angeles and Ethan's tourist visa expiring last month.

Elad, 32, said: "What we're trying to do is pursue justice for Ethan and correct a wrong that the State Department is continuing to pursue that might affect other couples."

LGBTQ immigrants rights group Immigration Equality, which filed the case, said the children of US citizens who marry abroad are entitled to citizenship at birth, regardless of where they are born - and even if the other partner is foreign.

Aiden has been granted citizenship but Ethan has not

Image:

Aiden has been granted citizenship but Ethan has not. Pic: Immigration Equality

The organisation said the policy was designed for children born out of wedlock and was wrongly being applied to married same-sex couples.

Immigration Equality executive director Aaron Morris said: "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.

"But the converse is also true and every same-sex couple will be asked that."

Elad is an Israeli citizen and biological father of one of the boys

Elad is an Israeli citizen and biological father of one of the boys. Pic: Immigration Equality

The State Department said it would not comment on an ongoing case but gave directions to guidance on its website which said a biological connection to a US citizen was necessary for a child to become a citizen at birth.

The couple knew who the boys' biological fathers were but planned on keeping it secret. However, they were made to take a DNA test or risk both being rejected citizenship.

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