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Gay Couple Sues Over US Refusal to Recognize Kid as Citizen

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A lawsuit filed by a same-sex couple in Georgia says the U.S. State Department is unconstitutionally refusing to recognize their daughter's rightful American citizenship.

The suit filed Tuesday in federal court in Atlanta says the State Department's policy treats married same-sex couples as if their marriages did not exist.

It was filed on behalf of Derek Mize and Jonathan Gregg. The couple's daughter was born in England in July 2018 via surrogate.

Both men are listed as her parents on the birth certificate. But the lawsuit says that because only one has a biological connection to her, the State Department is treating her as if she was born outside of marriage. That triggers additional conditions for the recognition of her citizenship.

A State Department spokesperson declined to comment, citing pending litigation.