James Derek Mize is an American citizen, born and raised in the United States. His husband, who was born in Britain to an American mother, is a US citizen, too.

But the couple's infant daughter isn't, according to the State Department.

She was born abroad to a surrogate, using a donor egg and sperm from her British-born father. Those distinct circumstances mean that, under a decades-old policy, she did not qualify for citizenship at birth, even though both her parents are American.

"It's shocking," said Mize, 38, a former lawyer who lives in Atlanta with his husband, Jonathan Gregg, a

Advertisement

1950s law, 21st-century families

A birth abroad

Families in Limbo