Surrogate Born to Married US Gay Couple is Denied Citizenship

The State Department says their policy, considers their daughter, who was born abroad to a UK national, does not qualify her for citizenship.

The New York Times reports:

James Derek Mize is an American citizen, born and raised in the United States. His husband, who was born in Britain to an American mother, is a United States citizen, too.

But the couple’s infant daughter isn’t, according to the State Department.

She was born abroad to a surrogate, using a donor egg and sperm from her British-born father. Those distinct circumstances mean that, under a decades-old policy, she did not qualify for citizenship at birth, even though both her parents are American.

“It’s shocking,” said Mr. Mize, 38, a former lawyer who lives in Atlanta with his husband, Jonathan Gregg, a management consultant. The couple received a letter denying their daughter’s citizenship last month.

“We’re both Americans; we’re married,” Mr. Mize said. “We just found it really hard to believe that we could have a child that wouldn’t be able to be in our country.”

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