Gay Dads WIN Citizenship Battle For 2-Year Old Son

(Andrew and Elad with their sons Aiden and Ethan. Photo courtesy of Immigration Equality)

A federal judge in California ruled this week that a twin son of a gay married couple has been an American citizen since birth, handing a defeat to the U.S. government, which had only granted the status to his brother, reports The Huffington Post.

The State Department was wrong to deny citizenship to 2-year-old Ethan Dvash-Banks because U.S. law does not require a child to show a biological relationship with their parents if their parents were married at the time of their birth, District Judge John F. Walter found.

A lawsuit filed by the boys’ parents, Andrew and Elad Dvash-Banks, sought the same rights for Ethan that his brother, Aiden, has as a citizen, reports The Huffington Post.

Each boy was conceived with donor eggs and the sperm from a different father — one an American, the other an Israeli citizen — but born by the same surrogate mother minutes apart.

The government had only granted citizenship to Aiden, who DNA tests showed was the biological son of Andrew, a U.S. citizen. Ethan was conceived from the sperm of Elad Dvash-Banks, an Israeli citizen.

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https://www.huffpost.com/entry/judge-grants-citizenship-to-twin-son-of-gay-couple_n_5c705c74e4b03cfdaa550f6d