Court Rules Son Born Abroad to Same Sex Couple is US Citizen

By October 13, 2020Family Immigration

The 9th U.S. Circuit Court of Appeals in Los Angeles ruled on Friday that a four year old boy conceived from sperm from an Israeli father and born in Canada using a surrogate mother was a US citizen. The boy’s parents, an Israeli father and a US citizen father, were married at the time the boy was born.

When the boy was born, his parents applied for a US passport for him at the consulate in Toronto. The consult initially issued the passport, however, the State Department rescinded the passport on the basis that the boy was not the biological child of the US citizen father.

The appeals court ruled that the law does not require a child to show a biological relationship if their parents were married at the time of their birth. The appeals court granted the boy US citizenship.

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