The New York Daily News reports:
The son of a gay binational couple who was born in Canada via surrogacy is a citizen of the United States, an appellate court ruled Friday. “Today, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a lower court ruling recognizing the citizenship from birth of Ethan Dvash-Banks, a twin boy born abroad by surrogacy to Andrew and Elad Dvash-Banks, a married gay couple,” LGBTQ advocacy group Immigration Equality said in a statement.
The ruling comes after years of a legal battle between the Dvash-Banks family and the State Department. Andrew and Elad Dvash-Banks got married in Canada in 2010. In 2016 they became the fathers of the twins Aiden and Ethan via surrogacy — each boy was conceived from a donor egg and sperm from one of the two fathers. When the couple applied for the boys’ American citizenship, the State Department told them to submit a DNA test to prove that they had an American father.
The clip below is from last year.
Breaking: WE WON! A US appeals court unanimously upheld a ruling recognizing the citizenship from birth of Ethan Dvash-Banks, a twin boy born abroad by surrogacy to Andrew and Elad Dvash-Banks, a married gay couple.
— Immigration Equality (@IEquality) October 9, 2020