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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.

Brut.

06/04/2019 8:40 PM
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230 comments

  • Anna M.
    06/04/2019 20:55

    Your daughter is beautiful and fight fight fight for your rights to be parents to her. I’m sorry you’re going through this. ❤️❤️❤️

  • Kubakurungi S.
    06/04/2019 20:56

    Who gives a fuck about fegs?

  • Alfonso M.
    06/04/2019 20:58

    quien es la mujers ?

  • Gloria O.
    06/04/2019 20:58

    Omg your a family and that should be enough

  • Ateş H.
    06/04/2019 20:59

    Nasty

  • Brut
    06/04/2019 21:02

    If certain adoption agencies had their way, these two boys would not have their family. Now their dads are fighting discrimination against LGBTQ parents.

  • Hannan S.
    06/04/2019 21:03

    Then u should have made a natural baby... Oh wait u can't

  • صلاح ا.
    06/04/2019 21:04

    سلام

  • Brut
    06/04/2019 21:09

    For more on this family's story: https://www.nytimes.com/2019/05/21/us/gay-couple-children-citizenship.html

  • Win S.
    06/04/2019 21:10

    Who play the mother ?? U thing that vidéo with sad song can hide their abominable act ??! U never replace a affection of mothers...

  • Cepi O.
    06/04/2019 21:15

    Ralph Grijalva

  • Vilmar T.
    06/04/2019 21:16

    .

  • Peter A.
    06/04/2019 21:22

    Practically an odd situation, the innocent soul is now a pawn in hands of unconventional situations and regulations.

  • Mhmd K.
    06/04/2019 21:26

    🤮🤢

  • Santy P.
    06/04/2019 21:30

    Read carefully: You are a couple but never a marriage and you have rights so the baby and the baby have the right to have a mother so.... to whom this creature will call mommy..?

  • Charles M.
    06/04/2019 21:38

    Abomination.... This is what this world is coming to and this shows that this is the END TIMES

  • Dilan R.
    06/04/2019 21:38

    Cruel world that taking someones blood child & hand it over some strangers & blinding every one with money

  • Syed A.
    06/04/2019 21:38

    I don't see any wrong with the law here, two LGBT people decided to adopt a baby who's not a native but they want that child to be given nationality because of them. They should've thought this through before adopting the child since they couldn't have produced that child naturally.

  • Emperordre W.
    06/04/2019 21:45

    Listen young man you made your choice in life already people respect that why are you using your choice to affect others only man and woman can bring forth baby and by right a baby deserves a mother with breast milk you are denying that child of her right of mother passion take a look at a child that grow up without mother and look the one that grow up with one they are defrend mother's are not just mother's for nothing there is a bond between a child and a mother you can only have right if the both of you can bring forth child if you can't deal with it ,as you made your choice if you love kids so much as you claim you would have got yourself a woman so return the child to his mother don't use your life to affect others ,you got your freedom as you requested so let others have theirs live and let others live ,mother's are right for kids not choice so don't try anything funny because the joke is on you .

  • Ayaz M.
    06/04/2019 21:45

    Bureaucracy sucks