Gay US married couple sues State Dept for not recognizing daughter's citizenship

Gay US married couple sues State Dept for not recognizing daughter's citizenship
© Getty

The parents of an infant girl born to a Canadian surrogate mother are suing the State Department, arguing that the agency is not recognizing their daughter's U.S. citizenship because they are gay.

Roee and Adiel Kiviti told The Daily Beast that they were informed after their daughter's birth that the federal government viewed the child as born out of wedlock due to the circumstances of her birth, which they contend is illegal as her parents are both U.S. citizens.


“We sort of naively thought that this is just a big mistake—that once the government realized, perhaps through media, that this was a mistake, it would be sort of rectified, clarified,” Roee Kiviti told the news outlet. “Since then, we’ve started hearing from others who are in similar situations.”

“This is about singling out LGBT Americans—this is about telling gay and lesbian parents, ‘OK, you got marriage, but we know that you’re different. We know that you are not like us, and we’re going to treat you differently,’” he continued. “Today it’s our family—tomorrow it’s going to be someone else’s family.”

A spokesperson for the State Department did not immediately return a request for comment from The Hill. The Kivtis are represented in the case by the organizations Immigration Equality and Lambda Legal, as well as the law firm Morgan, Lewis & Bockius, The Daily Beast reported.

“This is a fight for marriage equality; this is a fight for the fundamental right to citizenship,” Aaron Morris, Immigration Equality's executive director, told The Daily Beast. “And denying a little girl citizenship just because she happens to have two gay dads is intolerable.”