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Total bs, but the state department likely won’t appeal allowing this crap to stand...

I believe the State Department will seek to challenge this. Who were the child's parents at the time of birth may be a question for Canadian law. It's a mess.

The current State Department policy, as published, speaks to Assisted Reproductive Technology birth citizenship.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3

Policy Manual > Volume 12 - Citizenship and Naturalization > Part H - Children of U.S. Citizens > Chapter 3 - United States Citizens at Birth (INA 301 and 309)
State Department
Policy Manual
Chapter 3 - United States Citizens at Birth (INA 301 and 309)
A. General Requirements for Acquisition of Citizenship at Birth
A person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth, to include a person born to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe. [1]
In general, a person born outside of the United States may acquire citizenship at birth if:

The person has at least one parent who is a U.S. citizen; and
The U.S. citizen parent meets certain residence or physical presence requirements in the United States or an outlying possession prior to the person’s birth in accordance with the pertinent provision. [2]

A person born abroad through Assisted Reproductive Technology (ART) to a U.S. citizen gestational mother who is not also the genetic mother acquires U.S. citizenship at birth under INA 301 or INA 309 if:

The person’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the person’s birth; and
The person meets all other applicable requirements under either INA 301 or INA 309. [3]

Until the Act of October 10, 1978, persons who had acquired U.S. citizenship through birth outside of the United States to one U.S. citizen parent had to meet certain physical presence requirements to retain their citizenship. This legislation eliminated retention requirements for persons who were born after October 10, 1952. There may be cases where a person who was born before that date, and therefore subject to the retention requirements, may have failed to retain citizenship. [4]
An officer should determine whether a person acquired citizenship at birth by referring to the applicable statutory provisions and conditions that existed at the time of the person’s birth. These provisions have been modified extensively over the years. [5] The following sections provide the current law.
B. Child Born in Wedlock [6]
1. Child of Two U.S. Citizen Parents [7]
A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

Both of the child’s parents are U.S. citizens; and

At least one parent had resided in the United States or one of its outlying possessions.

2. Child of U.S. Citizen Parent and U.S. National [8]
A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

One parent is a U.S. citizen and the other parent is a U.S. national; and

The U.S. citizen parent was physically present in the United States or one of its outlying possessions for a continuous period of at least one year.

3. Child of U.S. Citizen Parent and Alien Parent [9]
A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

One parent is an alien and the other parent is a U.S. citizen; and

The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

Time abroad counts as physical presence in the United States if the time abroad was:

As a member of the U.S. armed forces in honorable status;?

Under the employment of the U.S. government or other qualifying organizations; or

As a dependent unmarried son or daughter of such persons.

4. Child of a U.S. Citizen Mother and Alien Father [10]
A child born outside of the United States and its outlying possessions acquires citizenship at birth if:

The child was born before noon (Eastern Standard Time) May 24, 1934;

The child’s father is an alien;

The child’s mother was a U.S. citizen at the time of the child’s birth; and

The child’s U.S. citizen mother resided in the United States prior to the child’s birth.

[snip]

Also relevant to Child Citizenship:

https://fam.state.gov/FAM/08FAM/08FAM030110.html

8 FAM 301.10; ACQUISITION OF U.S. CITIZENSHIP UNDER THE CHILD CITIZENSHIP ACT
(CT:CITZ-37; 06-08-2020)
(Office of Origin: CA/PPT/S/A)