The Trump Administration is appealing a June federal court ruling confirming the U.S. citizenship of a gay couple’s child born in Canada through a surrogate.

The U.S. State Department asserts that Kessem Kiviti, the daughter of Roee and Adieltwo Israeli-born naturalized U.S. citizensisn’t herself a U.S. citizen because her biological father, Adiel, had allegedly not lived in the U.S. for the required five-year period in order to be considered a U.S. citizen.

The Kivitis are both naturalized U.S. citizens who were born in Israel: Roee has lived in the U.S. since 1982 and he became a U.S. citizen in 2001. Adiel moved to the U.S. in May 2015 and he became a U.S. citizen in January 2019. The couple married in California in 2013. Kessem, their daughter, was born through a surrogate in Canada in February 2019 via Adiel’s sperm and a donated egg, according to LGBTQ Nation.

The legal headache for the couple started in 2017 when the State Department changed its interpretation of the 1952 Immigration and Nationality Act (INA). The 1952 law once considered any child born to a married couple living abroad as a U.S. citizen at birth if one of their parents was an U.S. citizen.

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However, in 2017, the U.S. State Department changed its website to state, “A child born abroad must be biologically related to a U.S. citizen parent. Even if local law recognizes a surrogacy agreement and finds that U.S. parents are the legal parents of a child conceived and born abroad… if the child does not have a biological connection to a U.S. citizen parent, the child will not be a U.S. citizen at birth.”

As such, the U.S. State Department says it doesn’t consider Adiel a U.S. citizen. Because Kessem is his biological daughter but has no genetic relation to Roee, who the State Department does consider as a U.S. citizen, the department argues that Kessem isn’t a U.S. citizen either.

“It’s just really frustrating and cruel that [the State Department] won’t change this policy, especially when they’ve never articulated a single governmental interest that is served by the policy,” Immigration Equality executive director Aaron Morris said in a statement.

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Immigration Equality, a group dedicated to LGBTQ immigration issues; Lambda Legal, an LGBTQ legal advocacy organization and Morgan Lewis, a private law firm, are representing the Kivitis, according to the Washington Blade.

The rule change affecting the Kivitis is also affecting other same-sex couples currently fighting similar legal battles against the Trump Administration.

Andrew and Elad Dvash-Banks are a married American-Canadian and Israeli couple whose surrogate-born son was denied a passport because he only possesses his Israeli-born father’s DNA.

Similarly, Allison Blixt and Stefania Zaccari are a female same-sex couple with surrogate-born kids. One of their sons who was born in London to was denied a U.S. passport because he only had a genetic tie to Blixt’s Italian-born spouse.