LOS ANGELES (AP) — Two gay men say both their twin sons are American citizens, but the U.S. government says the status belongs to only one.
Andrew and Elad Dvash-Banks filed a discrimination suit Monday in Los Angeles federal court, saying the State Department has failed to recognize their Canadian marriage, and one of the 1-year-old fraternal twins born there.
Each boy was conceived with sperm from a different father and born by the same surrogate mother minutes apart.
The government only granted citizenship to Aiden, who DNA tests showed was the biological son of Andrew, a U.S. citizen. The other son, Ethan, who was conceived from Elad's sperm, was denied citizenship. Elad Dvash-Banks is an Israeli citizen.
The State Department said it doesn't comment on pending litigation.
