MK Family Law

Roee Kiviti and Adiel Kiviti are married fathers to two children born through surrogates in Canada.  Their first child, LRK, born in 2016, used Roee’s sperm and has a biological relationship with Roee.  KRK, their second child, born in 2019, used Adiel’s sperm and has a biological relationship with Adiel.  The Canadian courts issued orders establishing that Roee and Adiel were the legal parents of both children and not the surrogates. Shortly after LRK’s birth, upon re-entering the United States, the couple applied for and obtained a U.S. passport for their son.  Shortly after KRK’s birth, when taking the same steps, the U.S. Department of State concluded KRK was not a U.S. citizen under the Immigration and Naturalization Act (INA).  The DOS denied KRK a passport. Roee and Adiel sued the U.S. Department of State arguing, among other things, that the government’s denial of a child, born in wedlock to two U.S. naturalized citizen parents, was contrary to the INA. ...

A minor child born overseas to U.S. parents is eligible for U.S. citizenship if the requirements outlined in the Immigration and Nationality Act (INA) are met.   The parents must request a Consular Report of Birth Abroad (CRBA) as evidence of the citizenship before the child’s 18th birthday from the nearest U.S. embassy or consulate, and, if the child will be traveling, simultaneously request a U.S. passport and social security number.  The consular officer at the embassy or consulate is responsible for adjudicating a U.S. citizenship claim for applicants seeking a CRBA.  It will include an assessment of the validity of the citizenship claim, a review of the evidence of the child and parents’ identities, and evidence of citizenship.  (see 7 FAM 1441.3)  In the Sabra v. Pompeo case , (No. 19-cv-2090) Baby M is the subject of a request for a CRBA and a U.S. Passport.  Baby M was born in a home-birth to 46-year-old Mrs. Sabra, a U.S. citizen who was livin...