National Center for Lesbian Rights

Cases & Advocacy

Dvash-Banks v. Pompeo Amicus

Status: Open

Outcome: Pending

Location: California

Andrew and Elad Dvash-Banks are a married same-sex couple who had twins through surrogacy in Canada, where they live. Each of them is the genetic father of one of the twins, but both fathers are legally-recognized as parents of the twins. Elad is an Israeli citizen and Andrew is a U.S. and Canadian dual citizen. The U.S. Consulate refused to recognize both twins as U.S. citizens because one child is not genetically tied to Andrew.

The U.S. District Court for the Central District of California ruled that the child is a U.S. citizen on February 22, 2019. The U.S. Government appealed to the Ninth Circuit and the case is currently pending. NCLR and GLAD, along with Hale and Dorr LLP, filed an amicus brief in support of the Dvash-Banks.

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