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Gay Atlanta couple sues State Department for denying U.S. citizenship to their daughter born via a surrogate in England

furchfur

July 24, 2019
28 upvotes
/r/MensRights
https://www.dailymail.co.uk/news/article-7278765/Gay-couple-sues-feds-denying-citizenship-daughter-born-surrogate-England.html
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Title Gay Atlanta couple sues State Department for denying U.S. citizenship to their daughter born via a surrogate in England
Author

furchfur

Upvotes 28
Comments 18
Date July 24, 2019 9:30 AM UTC
(6 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/ch5ydb/gay_atlanta_couple_sues_state_department_for/
Archive Link https://theredarchive.com/r/MensRights/gay-atlanta-couple-sues-state-department-for.1205332
https://theredarchive.com/post/1205332
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Comments

[–]Evildl17 8 points9 points10 points 6 years ago (2 children) | Copy Link

Some of you guys are burying the lead here. This is the US saying that citizenship is based solely on maternal parentage. This could mean fathers could lose custody based on the mothers citizenship status. This is an anti-immigration policy that negatively affects fathers.

[–]azazelcrowley 3 points4 points5 points 6 years ago (0 children) | Copy Link

It's also worth noting the inconsistency on the issue relative to how the state enforces child support. When it suits, being a parent is a social thing and the biology is irrelevant, even if that means forcing men to be fathers when they don't want to be.

​

Here, all of a sudden, being a parent is a biological process and the social obligations part doesn't matter anymore, even when willingly undertaken. Worst of both worlds.

[–]McFeely_Smackup 1 point2 points3 points 6 years ago (0 children) | Copy Link

that's not what it's saying at all. It's saying that the biological father did not meet the legal requirements to pass citizenship automatically to his daughter.

[–]southphillymamelah 2 points3 points4 points 6 years ago (0 children) | Copy Link

Using a foreign surrogate has always been risky - people have gotten hassled by immigration officials in both countries involved based on such jackassery as the surrogate being considered the legal mother (even if she carried a child born from a donor egg), and in one particularly horrible case, the surrogate's home country (I think it was India) tried to prevent a grieving father from taking his own biological child home because his wife had died while the surrogate was pregnant and their laws forbade single-parent adoption!

In short, if you are gay or single or your wife is infertile, and you want to have a child via a surrogate, go through an American agency and pay the premium to have a native-born American citizen who is not your friend or relative gestate for you. This x100 if either you or your spouse are not native-born Americans. It's an ethically and morally fraught situation in any case. Adding the extra layer of potential immigration or interpersonal problems is just stupid.

[–]McFeely_Smackup 2 points3 points4 points 6 years ago (0 children) | Copy Link

There's really nothing outrageous here, these guys just managed to find a scenario where citizenship doesn't automatically transfer to their daughter.

It wouldn't matter if they were a heterosexual couple, except that it would have been easy for them to lie about it. The biological father didn't meet residency requirements, and his husband is not biologically related to the child and as of yet has not legally adopted her.

There's no conspiracy here against men, gay people, or surrogates...they just did this the wrong way and screwed up the citizenship angle.

[+][deleted] -10 points-9 points-8 points 6 years ago (11 children) | Copy Link

Next time, try impregnating local.

I am no sure why some people are trying to push this surrogate nonsense.

[–][deleted] 5 points6 points7 points 6 years ago (2 children) | Copy Link

Because two gay men can't get pregnant. And they didn't want a mother involved to potentially fight for custody with...

Seems pretty clear, especially in this case.

[–][deleted] -2 points-1 points0 points 6 years ago (1 child) | Copy Link

if you and your partner cannot possible concieve a child maybe it's time to start thinking of adopting.

this business in which i can give you my sperm so you will give birth to a child which you will surrender all your parent rights and obligations in exchange of a sum of money its truly grotesque

[–][deleted] 2 points3 points4 points 6 years ago (0 children) | Copy Link

if you and your partner cannot possible concieve a child maybe it's time to start thinking of adopting.

Maybe, or maybe start consider using a surrogate...

[–]McFeely_Smackup 1 point2 points3 points 6 years ago (1 child) | Copy Link

you don't understand why two gay men might use a surrogate?

[–][deleted] 0 points1 point2 points 6 years ago (0 children) | Copy Link

i don't understand why as a society we allow people to literally exchange money for a baby

[–]Only2DaysLeft -3 points-2 points-1 points 6 years ago (5 children) | Copy Link

It's a way around immigration laws and grants instant citizenship to non citizens.

[–]Double_A_92 2 points3 points4 points 6 years ago (4 children) | Copy Link

to non citizens

Which also happens to be a baby... That you legally promise to take care of forever.

[–]Only2DaysLeft -2 points-1 points0 points 6 years ago (3 children) | Copy Link

What you promise to do has no bearing on the legal status of citizenship. Somebody designed a nifty way to initially determine who is a citizen of what country - origin of birth. Simple and effective.

If you are born in France, you are not a citizen of the US. You are a citizen of France.

You can move and become a citizen of the US by legal means.

But if you aren't born in a location delineated as the US, you are not a US citizen at birth.

This case wants to bypass the system.

My guess is that they want to avoid the cost and hassle of naturalization.

[–]Double_A_92 1 point2 points3 points 6 years ago (2 children) | Copy Link

What you promise to do has no bearing on the legal status of citizenship.

It's basically adoption... and that works internationally?

If some people are legally your parents, why should you not have the same nationality?

[–]Only2DaysLeft -1 points0 points1 point 6 years ago (1 child) | Copy Link

Adoption does not work internationally unless they've changed the laws. In my experience, if a child is adopted from a foreign country they must still be naturalized as a US citizen.

If some people are legally your parents, why should you not have the same nationality?

That would mean if your parents moved from the US to France but you stayed behind you would suddenly become a French citizen. It does not work like that.

[–]Double_A_92 0 points1 point2 points 6 years ago (0 children) | Copy Link

That would mean if your parents moved from the US to France but you stayed behind you would suddenly become a French citizen. It does not work like that.

First, I doubt that it's legal to abbandon an underage child while you leave the country.

And actually you probably could if you are a minor: https://en.wikipedia.org/wiki/French_nationality_law#French_citizenship_by_birth_abroad_to_at_least_one_French_citizen

You seem to be focused on location of birth somehow... But what if an US family gives birth while on holiday somewhere? Deny the child citizenship because the parents don't matter?

( And also by adoption btw: https://en.wikipedia.org/wiki/French_nationality_law#French_citizenship_by_adoption )

[–]excess_inquisitivity -2 points-1 points0 points 6 years ago (0 children) | Copy Link

I hereby designate every human on the planet a surrogate father and a surrogate mother of childrens of ME, a United States citizhigander.(their choice)

Therefoure all new babies born into the world are US citizens, and registered Republicans. Checkmate, dummycraps!

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