In January 2018, it was reported that a married same-sex couple in the US had filed a Federal lawsuit challenging a decision not to grant US citizenship to their child. The child – a twin – was not granted US citizenship, while his twin’s application for US citizenship was successful, despite both children legally sharing the same fathers.

According to the lawsuit, the child in question was deemed ineligible for US citizenship, on the basis that the child was conceived using the sperm of his Israeli father – despite the fact the twin’s parents were married at the date of the children’s birth and both men are named as the children’s fathers on both birth certificates. The child’s twin was conceived using the sperm of his US citizen father and was deemed eligible for US citizenship on that basis.

Our View    

At Davies Legal Immigration, we are dismayed, but sadly not surprised, that such issues continue to arise in the 21st Century, particularly in the light of the landmark legal decision in Obergefell v. Hodges, 576 U.S. (2015), in which the U.S Supreme Court upheld the Constitutional right of same-sex couples to marry and be accorded the same rights as heterosexual couples.

It is noteworthy that a heterosexual couple in this position would not experience this issue. The lawsuit contends that the decision not to grant the child in question US citizenship is unconstitutional and discriminatory. Indeed, it would appear that the decision was justified on the basis of a rule intended to require unmarried fathers to prove their blood relationship to a child, which arguably does not apply to the children of married same-sex couples. Sadly, there have been other incidents reported of similar nature at embassies and consulates across the world.

We hope this complaint is resolved in the Plaintiffs favor and it creates a binding legal precedent, so that the children of married same-sex couples may experience the same privileges and immunities under US law as the children of married heterosexual couples. We look forward to the Court ruling and will endeavor to keep you updated.

Davies Legal Immigration

At Davies Legal Immigration, we offer advice and representation in connection with all immigrant and non-immigrant visa categories. We offer innovative immigration solutions, a competitive fixed fee service and undertake to keep you informed. Call now for more information about our services and for a free, no obligation quote.

Published: 28th January 2018