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Gay couple sues U.S. for denying citizenship to twin son born in Canada

Elad Dvash-Banks, left, and his partner, Andrew, pose for photos with their twin sons, Ethan, center right, and Aiden in their apartment , Jan. 23, 2018, in Los Angeles. AP Photo/Jae C. Hong

LOS ANGELES – A gay Los Angeles couple is suing the U.S. State Department for not recognizing one of their twin sons as a citizen.

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Andrew and Elad Dvash-Banks filed the discrimination suit Monday in Los Angeles federal court.

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The couple says the U.S. government has failed to recognize their Canadian marriage and one of the 1-year-old fraternal twins born there. Each boy was conceived with sperm from a different father and born by the same surrogate mother minutes apart.

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The State Department only granted citizenship to Aiden, who DNA tests showed was the biological son of Andrew, a U.S. citizen. The other son, Ethan, who was conceived from Elad’s sperm, was denied citizenship. Elad Dvash-Banks is an Israeli citizen.

The State Department said it doesn’t comment on pending litigation.

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