, both U.S. citizens who had a daughter born in Canada who was refused citizenship status because she was"born out of wedlock," according to State Department policy.
The same-sex couple sued the department in September 2019, with a federal judge in June ruling in their favor and granting their 16-month-old daughter U.S. citizenship. Like many LGBTQ couples, the Kivitis had a child through a surrogate, which the State Department declared a"person born out of wedlock" as its"genetic parents are a U.S. citizen father and anonymous egg donor."
Because of that, the child needed to have a genetic link with a parent who was a U.S. citizen for at least five years, and in this case, the biological father, Adiel, fell short a few months. "The U.S. Supreme Court has clearly articulated that the U.S. government must recognize same sex marriages 'on the same terms and conditions as opposite sex couples,' and that it must provide them with the 'constellation of benefits' associated with marriage—including equitable treatment of their children," the letter says."The mission of the State Department is twofold—to advance U.S.
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