Andrew and Elad Dvash-Banks are a married same-sex couple who had twins through surrogacy in Canada, where they live. Each of them is the genetic father of one of the twins, but both fathers are legally-recognized as parents of the twins. Elad is an Israeli citizen and Andrew is a U.S. and Canadian dual citizen. The U.S. Consulate refused to recognize both twins as U.S. citizens because one child is not genetically tied to Andrew.

The U.S. Government appealed to the Ninth Circuit, which upheld the decision on October 9, 2020. NCLR and GLAD, along with WilmerHale, filed an amicus brief in support of the Dvash-Banks.