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Son Born Abroad to Gay Couple Is a U.S. Citizen

The Ninth Circuit ruled against DOS in its quest to deny the U.S. citizenship of one of two twins born abroad to a gay married couple. A three-judge panel unanimously affirmed the district court’s decision concluding that 4-year-old Ethan Dvash-Banks is an American citizen despite being conceived with sperm of an Israeli father and being born in Canada using a surrogate mother. The boy’s other father is a U.S. citizen, and the law does not require a child to show a biological relationship if their parents were married at the time of their birth

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