Gay married couple sues after daughter denied US citizenship

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A gay married couple in Maryland is suing to challenge the State Department’s refusal to recognize the U.S. citizenship of their infant daughter, who was born in Canada to a surrogate mother this year.

The federal lawsuit, filed Thursday, says a State Department policy unlawfully treats the children of married same-sex couples as if they were born out of wedlock.

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An attorney for the plaintiffs, Roee Kiviti and Adiel Kiviti, says the suit is at least the fourth such case to challenge the policy. In February, a federal judge in California ruled that a son of a gay married couple has been a U.S. citizen since his birth. The State Department is appealing that decision.

The State Department didn’t immediately respond to an email seeking comment on the latest suit.

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