同性伴侣,代孕,及孩子的公民身份

在美国同性婚姻合法化之前,Elad和Andrew Dvash-Banks不得不在加拿大结婚。这对伴侣中,一位是美国公民,另一位是拥有美国绿卡的以色列公民,他们通过代孕母亲,在加拿大生育了一对双胞胎。这对同性夫妇通过《移民与国籍法》(Immigration and Nationality Act)为他们的双胞胎宝宝申请获得美国公民的身份。该法案规定,如果双亲中,有一名是美国国籍,那么新生儿将自动具有美国国籍。但是,美国国务院却把这法案理解为,只有与美国公民有血缘关系的孩子才能获得公民身份。结果,与美国公民有血缘关系的孩子获得了公民身份,而与美国绿卡持有者、以色列公民有血缘关系的孩子则失去了获得美国公民身份的权利。

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Same Sex Couples, Surrogacy, and the Children’s Citizenship

The happy couple Elad and Andrew Dvash-Banks had to marry in Canada before the United States legalized same-sex marriage. The spouses, one an American citizen and the other an Israeli citizen with a green card, had twins through a surrogate mother where both children were born in Canada. The couple requested American citizenship for both…

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Surrogacy and Paid Family Leave

In New Delhi, India, female employees of the federal government can now apply for paid family leave if they have a child through surrogacy. The new decision from the personnel ministry came when a mother had twins through the assisted family planning process, yet was denied paid family leave because she was not the biological…

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