LOS ANGELES (KRON/CNN) — A couple in Southern California has twin boys in a unique situation–one is a United States citizen and the State Department says the other is not.
It has everything to do with where they were born and the fathers’ DNA.
The twin boys are the loves of their fathers’ lives. The dads married in Canada seven years ago.
Andrew Dvash-Banks is a U.S. citizen.
His husband is not.
Elad is from Israel.
“We had our beautiful twin boys Aidan and Ethan through surrogacy in Canada because that’s where we were living at the time,” Elad said.
The twins share an egg donor, but one child has the DNA of Andrew and the other the DNA of Edal.
When the fathers decided to return to Andrew’s home in Los Angeles, they ran into a problem.
Only Andrew’s biological son gets United States citizenship and not his other son, who’s biologically Edal’s, who is not a U.S. citizen.
“I just can’t stop thinking about how I’m going to explain to him when he’s older that he’s different than his twin brother,” Andrew said. “His twin brother is American, but he’s a green card holder.”
Both fathers’ names are on the birth certificates, but according to the state department “if the child does not have a biological connection to a U.S. citizen parent, the child will not be a U.S. citizen at birth.”
The couple didn’t know about the law when they had their boys.
Andrew is now considering applying for his son’s green card as a stepson or adopted son.
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