NEW: The State Dept. is appealing a judge's decision that it must recognize the U.S. citizenship of a young girl born via surrogate to a gay couple, prolonging one of many legal fights over its controversial policy that was deemed unconstitutional in June
The State Department is appealing a federal judge's decision that it must recognize the U.S. citizenship of a young girl born via surrogate to a gay couple -- prolonging one of many legal fights over its controversial policy that was deemed unconstitutional in June.
Specifically, the department's policy on"assisted reproductive technology" says,"A child born abroad to a surrogate, whose genetic parents are a U.S. citizen father and anonymous egg donor, is considered for citizenship purposes to be a person born out of wedlock."If that seems antiquated, that's because the policy is based in the 1952 Immigration and Nationality Act, crafted years before in vitro fertilization or legal same-sex marriage.
Because Adiel Kiviti, her biological father, had not done so at the time of her birth, she did not automatically qualify for U.S. citizenship, the department ruled.In June, a federal judge ruled in the family's favor, calling the department's policy unconstitutional. But last Friday, the department filed an appeal to fight the decision.
Through their lawyers at Lambda Legal, Immigration Equality, and the firm Morgan Lewis, Roee Kiviti said in a statement Monday,"It's sad that we have to continue this legal battle. But we are undeterred. We are doing this not just for our daughter and our family, but so that other families won't have to."The Kiviti's are not the only family in a legal battle with the department on this issue.
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