A federal judge ruled Wednesday that the State Department must recognize that the daughter of a gay couple in Maryland has been a U.S. citizen since her birth in Canada via a surrogate last year.
U.S. District Judge Theodore Chuang rejected the State Department's position that the child was born out of wedlock because one of her married parents is not her biological parent.
An attorney for the Kivitis said their suit is one of at least five cases to challenge how the State Department has applied its policy to same-sex parents. In February 2019, a federal judge in California ruled that a son of a gay married couple has been a U.S. citizen since his birth. U.S. District Judge John Walter concluded that the Immigration and Nationality Act doesn't require a child born during their parents' marriage to demonstrate a biological relationship with both of their married parents.
Lambda Legal Defence and Education Fund Inc. also represents the couple in their lawsuit, which named Secretary of State Mike Pompeo as the lone defendant.
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