A twin son born abroad to two married men—one a U.S. citizen and the other Israeli—is a U.S. citizen even though he was conceived with the sperm of the Israeli parent, a federal judge has ruled.
U.S. District Judge John Walter of Los Angeles said the child, Ethan, was a U.S. citizen at his birth in September 2016, just like his twin brother, Aiden, who was conceived with the sperm of the U.S. parent. The Washington Post, the Associated Press and the New York Times covered the Feb. 21 decision.
The boys’ parents had sought a “Consular Report of Birth Abroad” and a passport for the boys in January 2017 when they were living in Canada. The parents had used an anonymous egg donor and surrogate to conceive.
The State Department granted the certificate and a passport to Aiden, conceived by the U.S. parent, and a tourist visa to Ethan, conceived by the Israeli parent. Ethan was denied the certificate and passport.