Both Parents Are American. The U.S. Says Their Baby Isn’t.

Mr. Gregg, who had lived in Britain for most of his life before moving to the United States to be with Mr. Mize, did not have enough years in America, according to a letter from the United States embassy in London.

“It’s a psychological trauma,” Mr. Mize said.

“When we went to the embassy and they said, ‘You’re not a family, you’re not married and, Derek, you’re not her father,” he recalled, “it was just like a flood of every emotion I’ve ever had since I was first called a faggot came rushing into my body.”

In court filings, the State Department said that officers are expected to carefully investigate all assisted reproductive technology cases, “irrespective of the sex or sexual orientation of the legal parents.” And there have been cases where different-sex parents were asked for biological evidence, lawyers in the field said.

But in practice, advocates say the policy has a particular impact on same-sex couples.

“The State Department is effectively saying our marriage doesn’t count,” said Adiel Kiviti, 40, another father who said that his child’s citizenship was recently called into question. “If you aren’t going to afford us the benefits of a married couple, what’s the point of giving us the right to marry?”

Adiel and his husband, Roee Kiviti, were born in Israel and later naturalized, they said. The men, whose interview with The Daily Beast drew renewed attention to the policy last week, have two children, each born with the help of a surrogate in Canada.

When they sought citizenship for their older child, Lev, in January 2017, they said they were not asked about his parentage and he was granted citizenship. But after their daughter, Kessem, was born this year, the State Department asked for documentation. Adiel, who is Kessem’s genetic parent, had not spent five full years in the country when the girl was born, the family said. They are discussing how to respond.


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