Court rules boy born abroad to gay couple via surrogate is U.S. citizen

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In this Jan. 23, 2018, file photo, 16-month-old Ethan Dvash-Banks, left, and his twin brother Aiden play in the living room of their apartment in Los Angeles. (AP Photo/Jae C. Hong, File)

In this Jan. 23, 2018, file photo, 16-month-old Ethan Dvash-Banks, left, and his twin brother Aiden play in the living room of their apartment in Los Angeles. (AP Photo/Jae C. Hong, File)

 A federal appeals court has ruled against the U.S. State Department in its quest to deny the citizenship of one of two twins born abroad to a gay married couple.

The 9th U.S. Circuit Court of Appeals said Friday that a Los Angeles trial judge correctly concluded that 4-year-old Ethan Dvash-Banks was an American citizen despite being conceived with sperm of an Israeli father and born in Canada using a surrogate mother.

One of the boy’s fathers said he was thrilled by the decision and said it was a relief after a four-year fight.

The State Department didn’t immediately respond to a request for comment.

In this Jan. 23, 2020, file photo, Elad Dvash-Banks, right, and his partner Andrew, play with their twin sons, Ethan, left, and Aiden in their apartment in Los Angeles. (AP Photo/Jae C. Hong, File)
In this Jan. 23, 2020, file photo, Elad Dvash-Banks, right, and his partner Andrew, play with their twin sons, Ethan, left, and Aiden in their apartment in Los Angeles. (AP Photo/Jae C. Hong, File)

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