Discussion in 'The Dungeon' started by In Your Corner, Feb 28, 2019.
I am glad we agree on that.
Because quite simply the DNA is a moot point in the law as written. You don't do a DNA test on all kids born to US citizens who have a child with a foreigner. There is no need here just because both parents are male and it was an artificial insemination . If you know the kids were born together then they both fit the criteria, no silly bullshit needed.
Because they'd never do a DNA test on a hetero couple to make sure the baby belongs to the male half. It's a moot point even if the male half is the US citizen.
But that isn't the issue here, one half of the couple is a US citizen and yet is being treated differently solely because his other half is the same sex.
Either don't DNA test any or DNA test all of em. I'm good either way, just treat em all equally.
Not true the mother was Canadian and had TWO sperm donors. One was not a US citizen thus the issue. The issue was likely not handled the best way by the government nor the dads which is what brought it to this level of court. However it is clear one of CANADIAN moms eggs was fertilized by a NON-CITIZEN dad and born in CANADA thus kid did not qualify. the fact that his twin did makes it harder to see but the law and biology are clear.
So what are the rules for a hetero couple who uses a surrogate?
The biology is clear but the law does not take that into account as best I can tell. No different than a foreign female telling her husband it's his kid when it's not. Those kids are not tested, they are citizens.
The law is clear, you just don't like it.
The law is clear. The enforcement is uneven.
Simple if an American citizen was married to a Canadian who went to Canada and got dual impregnated with the second person being a Canadian the same rule.
The difference is that if an American father and an Canadian Mother walked into the Canadian consulate and said, we want our children certified as US citizens, the children most likely would never have even been tested. They would have just been granted US citizenship. That is applying the law unevenly.
In this case I really DGAF, but I doubt the people that wrote the law anticipated a situation such as this. I would wager there will be volumes of legal precedent established as gay marriages and families suffer the same end as hetero and custody/property/visitation/ad nauseum battles are waged.
I think the “be careful what you wish for” might apply.
No, the law is not clear. As for like, I don't give a shit either way, they can all be let in or all kept out, just enforce it equally.
They'd never have tested her kids. Unequal enforcement due solely to the american/foreigner marriage being between two men. Not cool.
Which is why the law should be applied as it is to hetero couples, not a huge deal. Good lord, how many gay couple are trying to bring their kids into the US vs illegals just overstaying school visas. It's a non issue, enforce the law as you would for an inny/outy marriage.
You are arguing about equal enforcement. Your point might be valid but the law is plain and the ruling was on the law not equal enforcement of it.
Let's see if I got this right...A Canadian man got a Canadian women pregnent who then proceeded to give birth in Canada...and the kid is a US citizen? Nope. Sorry.
The law is plain and this case was enforced incorrectly when compared the the enforcement across the board. I never said the law had an issue.
Nope, an american and a canadian had a pair of fraternal twins born to a surrogate.
The mother was Canadian, the father was Israeli. Neither was an American citizen.
Separate names with a comma.