The U.S. government is trying to exploit a loophole to keep a same-sex couple's child from becoming an American citizen.
Andrew and Elad Dvash-Banks have two children, Ethan and Aiden. Both of them were born via surrogacy in Toronto using the same donor egg and sperm from one of the two fathers, meaning each father is biologically related to only one of his two sons. Because of this, the two men have had major trouble trying to get citizenship for Ethan, Elad's biological son, even after a California judge granted him citizenship in February. Their fight continues to this day, NBC News reports, as the State Department has decided to appeal the judge's decision.
"Once again, the State Department is refusing to recognize Andrew and Elad's rights as a married couple," Aaron Morris, the Executive Director of Immigration Equality, told NBC News. "The government's decision to try to strip Ethan of his citizenship is unconstitutional, discriminatory, and morally reprehensible."
Andrew, a dual American-Canadian citizen, met Elad, an Israeli citizen, while working and studying in Israel, according to their profile on Immigration Equality. With the Defense of Marriage Act still in effect, they decided to move to Canada where their marriage would be recognized. After their sons were born in 2016, the two men decided to move their family to the U.S. where, post-Obergefell v. Hodges, their marital and parental rights would now be recognized, as well. But the State Department has repeatedly blocked their permanent residence by denying one of their sons' citizenship.
"We're outraged that the State Department is so intent on harming our family and the LGBTQ community," the two men said in a statement to The Daily Beast. "The fight is not over, and we will not rest until our family is treated fairly and equally. Nothing can tear us apart. The four of us are unbreakable."