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Same-sex couples and lawsuits over citizenship of children

The U.S. court system is navigating new legal issues resulting from the legalization of same-sex marriage. Many of these issues relate to children and custody rights. Because the children of same-sex couples will only have the genetic material from one of the parents, it has been difficult for courts to decide on matters pertaining to custody and parentage.

However, there is another issue that courts are trying to sort out: citizenship. In one recent case, same-sex parents sued the United States government for its failure to grant citizenship to their child, who lacks genetic material from a U.S. citizen.

2 fathers fight to get their children U.S. citizenship

In this case, an Israeli man is living in California with a green card. He is married to an American man. The two men are raising two 16-month-old twin boys together. The boys are from the same womb. However, they were born in Canada. Also, one has the genetic material of the Israeli father and the other has the genetic material of the U.S. father.

This means that one of the boys received automatic U.S. citizenship, but the other boy did not. In fact, the non-citizen boy is currently in the United States under an expired tourist visa.

With the help of the LGBTQ immigration rights group, Immigration Equality, the two fathers have sued the United States State Department to try and get their other boy the U.S. citizenship status he needs.

According to Immigration Equality, the Immigration and Nationality Act demands that children born to one U.S. parent overseas will receive automatic citizenship. Nevertheless, the State Department disagrees, saying that the child needs to be a biological descendant of the U.S. citizen in order to qualify for citizenship.

Are you struggling with a same-sex marriage legal issue?

It seems that legal difficulties are arising for same-sex parents every day in the United States. It could take decades for the law to completely sort itself out with all of these potential conflicts that arise. If you or your spouse are suffering from inequality relating to your same-sex marriage, be sure to investigate your legal rights and options so you can fight for equality in court.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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