Surrogacy and citizenship in the U.S.

 Some rules seem clear: anyone born in the U.S. is an American citizen, as is any child of an American parent.  But in these partisan times, even clear rules are subject to argument, and questionable distinctions can be brought up to litigate old repugnances.

ABC has the story:

State Dept. fighting to deny US citizenship to gay couple's child: A federal judge ruled in June that the agency had to grant citizenship.  By Conor Finnegan

"The State Department is appealing a federal judge's decision that it must recognize the U.S. citizenship of a young girl born via surrogate to a gay couple -- prolonging one of many legal fights over its controversial policy that was deemed unconstitutional in June.

"Roee Kiviti and Adiel Kiviti of Chevy Chase, Maryland, are legally married and both U.S. citizens. Their daughter Kessem was born in Canada via a surrogate, so the State Department has argued in federal court that she is "born out of wedlock" and not entitled to birthright citizenship.

...

"The Kiviti's are not the only family in a legal battle with the department on this issue.

"According to Immigration Equality, Derek Mize and Jonathan Gregg, a gay couple in Atlanta, are also awaiting a ruling by a federal judge over their daughter Simone's citizenship.

"The group also represents Allison Stefania and Lucas Zaccari -- a lesbian couple fighting for their daughter's citizenship. She was born to Lucas, an Italian citizen, via in vitro fertilization, so the State Department ruled she was born out of wedlock to a non-U.S. citizen, disregarding Allison's U.S. citizenship and their marriage. The couple is also awaiting a decision."

HT: Kim Krawiec