(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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