Chicago native Ellie Lavi could not have been happier when she gave birth to beautiful twin girls overseas.
当美国芝加哥人艾丽•拉维在国外生下漂亮的双胞胎女儿时,她心里别提多高兴了。
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Ellie Lavi, an American-Israeli, plays with her daughters, Maya, left, and Shira, at their home in Tel Aviv. Lavi had trouble when she applied for US citizenship for them.
She found that the US State Department did not share in her joy when she went to the US Embassy in Tel Aviv to apply for citizenship for her children.
An embassy staffer wanted to know whether Lavi got pregnant at a fertility clinic. She said yes and was told that her children were not eligible3 for citizenship unless she could prove that the egg or sperm4 used to create the embryo5 was from an American citizen.
"I was humiliated6 and horrified," Lavi said. "We're talking about the children I gave birth to. Of course they're my children."
The incident points out what critics say is a glaring(耀眼的) inequity in US citizenship regulations. A child adopted overseas by a US citizen is eligible to become an American, and a baby born in the USA is American even if the parents are not.
But a child born to a US citizen overseas through the increasingly common practice of in vitro fertilization(体外受精) with embryos7 from donor8 eggs and sperm is not American, unless an American is one of the donors9. And that can be hard to prove since clinics may not reveal such things about their donors due to confidentiality10(机密) agreements, immigration law experts say.
"The problem is that the law hasn't kept up with the advances in reproductive technology," said Melissa Brisman, a lawyer in New Jersey11 who specializes in fertility issues.
The US State Department says a child born outside the USA to an American cannot receive citizenship until a biological link with at least one parent is established. That link does not exist if an infertile12 woman uses donor eggs at a clinic to conceive(怀孕,设想) .
No such biological link exists for parents who adopt children overseas either, but US law exempts13 adopted children from the regulation.
"Although the regulations are designed to prevent the abuse of American citizenship laws" through fraudulent(欺骗性的) claims of parentage, Brisman said, "they're also hurting infertile Americans who simply want to pass on their citizenship to their kids."