A gay couple from Georgia has filed a lawsuit since their English-born daughter is not given US citizenship
A same-sex couple from Georgia filed a lawsuit against the Us state Department due to the fact that he refuses to recognize the legal American citizenship of their daughter. The couple called it a violation of the us Constitution.
The lawsuit is filed in Federal court in Atlanta on behalf of Derek Mise and Jonathan Gregg, whose daughter Simone was born in England in July 2018 with the help of a surrogate mother.
Both men are U.S. citizens and are listed as the girl’s parents on the birth certificate. But, since only one man has a biological link to the child, the State Department considers it as if the girl was born out of wedlock, which creates additional conditions for the recognition of her citizenship.
A child born abroad to married U.S. citizens automatically becomes a U.S. citizen. But there are additional requirements if the parents are unmarried or only one of them is a us citizen.
Mise was born and raised in Mississippi, while Gregg was born in London to an American mother and a British father. Gregg has dual citizenship. The couple met in 2014 in new York, and in 2015 the men got married, and then in 2017 moved to Georgia.
Their close friend in England, agreed to become a surrogate mother. Both men were present at Simone’s birth in July 2018. In September, they returned to their home in DECATUR, near Atlanta. Preparing to file a tax return, Derek Mise went for Simone’s social security number. Employees of the Department of social security told him that they need a consular record of birth abroad.
In London, the Embassy staff, according to the men, three hours “interrogated” them, and then said that Simone has no right to us citizenship. Since she is the child of two men and is not biologically related to both, the state Department treats her as if she was born “out of wedlock,” the lawsuit says. And since Gregg, the biological parent, had not lived in the United States for five years before Simone was born, the State Department found that the girl was not a U.S. citizen.
The girl was given a tourist visa, which will soon expire. According to the men, the lawsuit was their last step.
“I’ve been discriminated against because of my sexual orientation in the past, but then things got better. And now it’s back again,” mise Said.