Twins' complicated citizenship

Fresno, Calif. (KFSN) -- A Northern California couple has twin boys in a unique situation-- one is a U.S. citizen, and the State Department says the other is not.

The fathers of the children married in Canada--seven years ago. Andrew Dvash-Banks is a U.S citizen and his husband, Elad -- is from Israel and is not. They had the twin boys -- Aidan and Ethan through surrogacy in Canada where the couple was living at the time.

The twins share an egg donor, but one child has the DNA of Andrew and the other the DNA of Elad.

When the fathers decided to return to Andrew's home in Los Angeles, they ran into a problem. Only Andrew's biological son gets U.S. citizenship.

"I just can't stop thinking about how I'm going to explain to him when he's older that he's different than his twin brother. His twin brother is American but he's a green card holder," said Dvash-Banks.

The couple considers the law outdated.