A gay couple is suing the US State Department after being told one of their sons will not be granted automatic citizenship as his father is an Israeli citizen.
The twin sons were born through a surrogate mother in Canada, one with the DNA of the American father and the other with the DNA of the Israeli father.
Andrew and Elad Dvash-Banks have been told their son Aiden has an automatic right to American citizenship but their other son, Ethan does not, The Hill reported.
Andrew Dvash-Banks said: "These are twins, how can you differentiate between them? They were born minutes apart."
LGBT rights groups argue this decision is incorrect as US citizens who have children and marry abroad are still given US citizenship for their children, no matter where they are born or the nationality of the other parent.
The executive director of Immigration Equality told the Associated Press this case shows that gay couples are still discriminated against by immigration services in America.
Aaron Morris said a mother and father with a marriage and birth certificate wouldn't be asked about their child's biology, but "every same-sex couple will be asked that."
Immigration lawyer Ally Bolour also said that it will only be a "matter of time" until the issue is decided in court.