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