A gay couple sued the state Department, which refuses to recognize the us citizenship of their daughter

Same-sex couple from Georgia have filed a lawsuit against the U.S. Department of State due to the fact that he refuses to acknowledge legitimate American citizenship of their daughter. The pair called it a violation of the U.S. Constitution.

The lawsuit was filed in Federal court in Atlanta on behalf of Derek Mize and Jonathan Gregg, whose daughter Simona was born in England in July 2018 with the help of a surrogate mother.

Both men are US citizens and specified as parents in birth certificate. But since only one man has a biological relationship with the child, the State Department treats it as if the girl was born out of wedlock, which creates additional conditions for the recognition of its citizenship.

A child born abroad to a married U.S. citizens is automatically a U.S. citizen. But there are additional requirements if the parents are not married or only one of them is a U.S. citizen.

Mize was born and raised in Mississippi, while Gregg was born in London mother American and father is British. The Gregg – dual citizenship. The pair met in 2014, in new York, and in 2015 the men were married, and then in 2017 I moved to Georgia.

Their close friend in England, agreed to become a surrogate mother. Both men attended the birth of Simone in July 2018. In September they returned to their home in DECATUR, near Atlanta. Preparing to submit a tax return, Derek Mize went for the social security number Simone. The staff of the social welfare Department told him that they needed a consular record of birth abroad.

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In London the Embassy staff, according to the men, three hours, «interrogated» them, and then said that Simon is not entitled to US citizenship. Because she is the child of two men and not biologically tied to both the Department of state treats her as if she was born «out of wedlock», according to the lawsuit. And since Gregg, the biological parent lived in the U.S. for five years before the birth of Simone, the State Department has determined that the girl is not a US citizen.

The girl was issued a tourist visa that will expire soon. According to the men, the lawsuit was their last step.

«I have experienced discrimination because of their sexual orientation in the past, but then it was okay. And now he’s back again,» said Mize.