If it were a straight couple and a baby genetically theirs delivered through a surrogate, the baby would be a US citizen and no need for a lawsuit.
Paternity is a legal fiction. If it were an American woman married to an American man who had an affair with an Italian man in England, the child would be American.
>>If it were a straight couple and a baby genetically theirs delivered through a surrogate, the baby would be a US citizen and no need for a lawsuit.
Would the fathers (even though only one is genetic) need to be US citizens for the baby to be a US citizen by birth (even though birthed by a non-US mother in a foreign land)? What if the non-sperm donating “father” is the only US citizen in this equation?
What if both fathers (even though only one is genetic) are foreign nationals and the baby is birthed in a foreign land to a US citizen surrogate on foreign soil?
What if both fathers (even though only one is genetic) are foreign nationals and the baby is birthed on US soil by a foreign national surrogate (while vacationing here legally or illegally?
What if only the sperm donor (neither of the men) is a US citizen and the “fathers” and the surrogate mother are non-US citizens and the baby is birthed in a foreign country?
So many claims to US citizenship but many of these are quite farcical. And most assuredly they will tell us of all of the other wonderful nations that the baby can call home as well.