An American same-sex couple sued Tuesday demanding the Trump administration recognize the citizenship of their daughter, who was born to a surrogate mother in the U.K.

The two men, who were married in New York in 2015, say the administration is treating their daughter, Simone Mize-Gregg, differently than a child born in a heterosexual marriage.

Jonathan Daniel Gregg is Simone’s biological father and he and his husband, James Derek Mize, are both listed as the only parents on the girl’s birth certificate.

But because the egg came from an anonymous donor the State Department is treating Simone as if she were a child born out of wedlock. In those cases, the biological parent must prove at least five years’ residency in the U.S. — and Mr. Gregg, though a citizen by birth, had not lived in the U.S. long enough to qualify, the couple said.

“The State Department’s policy of treating children born to married same-sex couples and one of their legal parents as strangers is wrong and hurts families. It is also unlawful,” the family argued in court documents.

The different treatment, they argue in a 33-page complaint, violates a provision of the Immigration and Nationalization Act that says a person born outside of the country to two married U.S. citizens, at least one of whom has resided in the U.S. for a period of time, is an American at birth.

The lawsuit was filed in federal district court in Atlanta.

A spokesperson from the administration declined to comment on the litigation.

Karen Lowey, a lawyer with Lambda Legal representing the family, said the Supreme Court has ruled that same-sex couples must be afforded the same rights as opposite-sex couples, “and that includes the right to be recognized as their children’s parents regardless of who has a biological connection to a child.”

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