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Washington (CNN) - A same-sex American couple whose daughter was denied citizenship due to birth rights filed a lawsuit against the State Department on Thursday, joining a growing list of LGBTQ families resorting to litigation to fight politics .
Although Roee and Adiel Kiviti are US citizens, like their almost three-year-old son Lev, their six-month-old daughter, Kessem, did not obtain citizenship by birth right due to a State Department policy that considers her “born out of marriage". The Kivitis said they received an official notice of rejection in early July.
“Although we expected it… receiving the letter in the mail, in writing so that we can see this discriminatory policy was really a blow to the bowels and we knew we had to act for our daughter, for our family, for other families so they don't have to deal with with this, ”Roee Kiviti told CNN in a telephone interview this Thursday.
The lawsuit was filed in the United States District Court of Maryland by Immigration Equality, Lambda Legal and probonous advisor Morgan Lewis. When asked for a comment, a State Department official said he did not comment on pending litigation.
- Same-sex relationships are still a crime in these countries.
"We are sure that the law is on our side," said Roee Kiviti. “Our daughter is an American of natural origin. It deserves all the privileges and responsibilities that it entails. ”
The two Kiviti children were born in Canada using an egg donor and a surrogate mother. When the Kiviti applied for Kessem citizenship, their application was processed not under the policy for foreign-born children of two American parents, but was marked as subrogation. According to the State Department's policy on “assisted reproduction technology”, “a child born abroad by a surrogate mother, whose genetic parents are a US citizen father. and an anonymous egg donor is considered, for citizenship purposes, a person born out of wedlock. ” Because Kessem was only biologically linked to Adiel and was missing one year for the residency requirement, his application was denied.
The Kiviti are not the only LGBTQ family that have sought legal recourse to this policy. According to an Immigration Equality statement, yours is the fourth lawsuit filed against the State Department by the LGBTQ immigrant rights organization. A federal judge ruled in favor of another same-sex couple who faced a similar obstacle under the subrogation policy of the State Department in February. The State Department appealed that decision.
Roee and Adiel Kiviti said they received information from several people who said they were personally affected or who know people affected by the policy.
"One family is already too much," said Adiel Kiviti.
Although the Kiviti trust their legal struggle, they said their situation has been "very disturbing."
“We were there when (Kessem) was born, when he breathed for the first time, when he cried for the first time. We were the first people to hug her, we gave her her first feeding, her first bath. First he slept on our breasts. We are his only parents, the only parents he has ever met. We are their parents as much as your children are yours, ”said Roee Kiviti. "And that that is questioned is disturbing."
“We know what a family is. Make no mistake, there is no confusion on our part. We encourage the State Department to recognize that, ”he added.
LGBTI
