«This is justice. We hope that no other family will not have to go through this,» said the couple Andrew and Elad dvash-banks after yesterday, February 21, a Federal judge in California ruled that their son by birth is a US citizen, like his twin brother.
This story began about 2 years ago, when the US Consulate in Toronto they said that of the two twins, Aiden and Ethan, the only one received US citizenship by birth. A DNA test showed that Ethan is not the biological son of a citizen of the United States Andrew. As it turned out, every boy was conceived using donated eggs and sperm from different fathers – one is from Andrew and the other from an Israeli citizen and holder of a green card Elada. In this case both the child were born to one surrogate mother within a few minutes.
As a result, the children had to cross the border of USA and Canada in different ways: Aiden – American passport, and Ethan – on a tourist visa. When the term ended, the child was left in America without documents. About a year ago Andrew and Elad sued, demanding to recognize their son a US citizen.
Finally, the story ended, the judge of the Central district of California John F. Walter ruled that the state Department was wrong in denying citizenship 2-year-old Ethan dvash Bank. In his opinion, the Department does not have any legal grounds to demand from legal parents of the boy in marriage, the evidence that he is their biological child.
One boy was an American citizen, his twin brother wasn’t. A judge’s ruling changed that. https://t.co/BUdHABmYrg pic.twitter.com/UJVMW6D4sU
— CBS News (@CBSNews) February 22, 2019
«Within two years it has pressed on us every day, – said Andrew and Elad dvash-banks Washington Post. – We didn’t know whether to allow Ethan to remain in the United States. This is what we went to bed every night. Now our family is safe.»
The couple’s lawyer , Aaron Morris, Executive Director of the non-profit organization for the protection of the rights of LGBT immigrants Immigration Equality, said that the incorrect policies of the Department of state has a big impact on same-sex couples. He argues that if Andrew and Elad were heterosexual, at the Consulate would be less likely to question their kinship with the children.
