Gay Couple Fights for Daughter’s Citizenship

Both dads are American — but because their daughter was born abroad, this gay couple now has to fight for her to be a citizen.

They're both American, their daughter isn't.

This gay couple is in an unexpected fight for their daughter to be an American citizen through brave activism. James was born and raised in the U.S. while Jonathan was born in Britain to an American mother. Simone was born in the U.K. — with a close friend of Jonathan's serving as the surrogate. Their case illustrates the latest complication facing some families who use assisted reproductive technology, like surrogacy and in vitro fertilization, to have children. For years the techniques have set off provocative legal and ethical debates about what defines parenthood. Immigration and citizenship are the latest frontier in those debates to fight for your rights.

Nine months after Simone’s birth, the couple went to the U.S. embassy to get her a passport. But the U.S. State Department denied their daughter’s citizenship. According to the U.S State Department, a child born abroad must be biologically connected to an American parent to receive citizenship at birth based on U.S. State Department data. The State Department also classifies some children born through assisted reproductive technology as “out of wedlock,” even if the parents are legally married. At the crux of the issue is a State Department policy, based on immigration law, that requires a child born abroad to have a biological connection to an American parent in order to receive citizenship at birth. That is generally not a problem when couples have babies the traditional way but can prove tricky when only one spouse is the genetic parent.

The policy has come under intense scrutiny in recent months amid immigration lawsuits arguing that the State Department discriminates against same-sex couples and their children by failing to recognize their marriages. Under the policy, the department classifies certain children born through assisted reproductive technology as “out of wedlock,” which triggers a higher bar for citizenship, even if the parents are legally married. James and Jonathan are not alone. Other binational gay couples have been denied a passport for their kids. In February 2019, a U.S. District Judge from California stated that a biological connection wasn’t necessary for the child of binational parents to get birthright citizenship and the department is appealing.


06/04/2019 8:40 PM


  • Loretta R.
    06/30/2019 10:52

    This is a nasty way for any country to seek out hate because these dudes are gay we seen gay couples in America make really alsome parents for beautiful children and the children grow with nothing but everydaya beautiful life

  • Michelle Y.
    06/29/2019 14:02

    This just didn't happen today children that are born in a country are citizens of that country that they're born in just because you move them to a different country does it make them citizens..... take responsibility for your decisions in your actions... and this has nothing to do with whether they're you're a man and man couple a woman and woman couple or a woman and man couple... same laws apply to everyone...... and no I'm not saying this is not a sad situation but you should have looked at all the details that were involved before you doing this

  • Thomas T.
    06/27/2019 18:10

    Who's fault is that lol

  • Moch F.
    06/27/2019 17:27

    Knp gua sampe sini bangsat 🤮

  • Freida S.
    06/26/2019 23:18


  • Mia S.
    06/25/2019 05:24

    isn't the baby made with the SPERM of 1 of the dads?

  • Rebecca D.
    06/25/2019 03:25

    I wonder if they went through an adoption process, it would make it easier. People adopt kids from over seas all the time and have no biological connection with the child. Why should this be any different.

  • Suzanne P.
    06/22/2019 20:30

    I hope it works out for the three of you best of luck

  • Faye R.
    06/22/2019 17:28

    Praying for best interest of baby, amen

  • Michelle S.
    06/20/2019 23:56

    Congratulations to the both of you

  • Salwa G.
    06/20/2019 03:28

    Mother + Father = Family.

  • Alexander W.
    06/19/2019 22:05

    My word. Haven't all of you backwoods dark ages archaic valued parasites died off yet? Go meet that awesome God you keep using as an excuse to hate.

  • Lakeitra C.
    06/19/2019 02:48

    That's how everyone at Trump border feeling

  • Patt H.
    06/17/2019 03:42

    This is awful!! That family should not have to fight to be together!!!

  • Joanie P.
    06/16/2019 23:37

    The only I feel sorry for here is this poor baby!

  • Kathy B.
    06/16/2019 21:38

    "We didn't research the laws, or follow them. But, it's the law's fault, and we're gay."

  • Carolyn P.
    06/16/2019 14:19

    shouldnt be to big of a problem but watch trhe lawyer fee will be trumped up

  • Jacqueline M.
    06/14/2019 06:38

    sissies you might want to take a look at this video

  • Alvin C.
    06/14/2019 02:14

    Why not a puppy or a cat, it's too easy no controversy no collusion no obstruction!!!

  • Elizabeth B.
    06/14/2019 01:33

    Everyone has a right to choose what they believe ...but make no mistake if it goes against the WORD OF GOD SUCH as HOMOSEXUALITY it will bring destruction ..GOD CALLS IT SIN !!!

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