(CN) – The Pennsylvania Superior Court granted a Taiwanese man’s request to correct the birth registration of twin girls born through a gestational carrier.
The biological father of the two girls sought to secure dual citizenship for his daughters. However, Taiwanese law demands that official birth documents show not only that the gestational carrier voluntarily terminated her parental rights, but also that her husband relinquished his rights, even though he is not biologically related to the children. The eggs were from an anonymous donor.
The father wanted the children to be joint U.S.-Taiwanese citizens, but Taiwanese authorities would not grant citizenship unless the birth record of children born out of wedlock reflects that the carrier and her husband terminated their rights.
According to the father, the carrier and her husband had already done so, but the Taiwanese government did not “feel as comfortable as they would like to feel” that the Orphans’ Court of Allegheny County had specifically terminated all parental rights except the biological father’s.
The father requested that the birth certificate be modified to satisfy Taiwanese authorities. But the Orphans’ Court denied the petition, saying there wasn’t enough information to confer jurisdiction.
Judge Popovich determined that the petition was “properly before the Orphans’ Court,” and concluded that the lower court had abused its discretion in denying the petition.
The Pennsylvania Superior Court reversed and remanded.