When an official at the U.S. passport office in Los Angeles first raised questions about their infant daughter Kessem’s citizenship last spring, Adiel and Roee Kiviti figured that it was just a misunderstanding. After all, they were both U.S. citizens; their names were on her birth certificate; her older
brother, Lev—who like Kessem was born in Canada with the help of an egg donor and a gestational surrogate—had no problem obtaining his own U.S. passport when he was born in 2016.
“The scenario that we are now in doesn’t allow us, in the long run, to live in the U.S. as a family,” Adiel told The Daily Beast. “We’re talking about two parents who are American citizens, an older brother who is an American citizen, and a newborn who is not an American citizen. If this is not going to get resolved, we have to leave the United States.
Story continuesFurthermore, children born abroad via assisted reproductive technology like gestational surrogacy or sperm donation are considered to have been born “out of wedlock,” even if their parents—like the Kivitis—are legally married U.S. citizens. Nevertheless, the State Department has continued to defend the policy in court. The Kiviti’s case is the fourth such suit filed by Immigration Equality, which already won an early victory in February when a district court judge called the basis for the policy “strained.” But the administration appealed that decision and sought to have another lawsuit thrown out—indicating the State Department’s willingness to take the fight as far as it can, at taxpayer’s expense.
Omar Gonzalez-Pagan, senior attorney at Lambda Legal, agreed, telling The Daily Beast that ultimately, “these cases are about real people and real families.” “This administration has shown a disdain to anybody who they view as an ‘other’ or an ‘undesirable,’” Gonzalez-Pagan told The Daily Beast. “They have sought to limit access to citizenship, they have sought to limit immigration, and they have sought to limit the rights of LGBTQ people. I think this is just an area in which those two veins of discrimination in this administration have intwined.”
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