How INA Poses Citizenship Hurdles In Int'l Surrogacy Cases

Law360 (June 20, 2019, 1:59 PM EDT) -- Surrogacy. It’s the brave new world of reproductive technology, but the United States hasn’t caught up. Consider the case of E.J. and A.J. Dvash-Banks, two-year-old brothers born four minutes apart to a surrogate in Canada. The U.S. Department of Justice said that only A.J. is a U.S. citizen after Andrew and Elad Dvash-Banks submitted DNA test results confirming that E.J. was sired by the non-U.S. spouse. A.J. was awarded a passport; E.J. was denied. Forget the fact that Andrew and Elad are legally married; their childbirth was “out of wedlock.”

A California court, reviewing the bizarre result of a system that...

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