A married gay couple is facing a citizenship dilemma involving their twins born via surrogacy. One child is being granted US citizenship while the other is not. 

Each father was biologically related to one child, with Andrew’s sperm having been used to fertilize one egg from an anonymous donor and Elad’s sperm the other.

It was a perfect plan that initially unfolded with little issue, with both men being listed on each child’s birth certificate after their birth in Canada.

However, that perfect plan unraveled when the couple wanted to relocate back to the United States from Canada. Andrew holds dual citizenship in Canada and the United States, and his husband, Elad, is an Israeli citizen.  Andrew and Elad thought their children would become US citizens since both were already recognized as Andrew’s legal children.

Andrew didn’t expect that U.S. Citizenship and Immigration Services would ask for his twins’ DNA test results.

Andrew said to Pink News: “I just can’t stop thinking about how I’m going to explain to him when he’s older that he is different than his twin brother.”

“His twin brother is American but he’s a green card holder.”

They went public with their legal battle on CBS News to raise awareness of the discrimination of this law.

He added that he was disappointed that his family was still being discriminated against in 2017.

“It’s 2017 now. There’s so many different types of families. Look at us. In the LGBT community, there’s so many different types of families and I really feel excluded in a way because of this law,” he said.