(CNN) Roee and Adiel Kiviti have been married almost six years and live in the United States. They are both American citizens, as is their 2-year-old son, Lev. However, they say their infant daughter, Kessem, has been denied birthright citizenship under a State Department policy that considers her "born out of wedlock" -- and they're not the first LGBT family to be affected by the policy under the Trump administration.

Both children were born in Canada using an egg donor and a surrogate mother. The Kivitis told CNN's Brianna Keilar that it was "a straightforward procedure" to obtain Lev's US passport. This was not the case when they sought to do the same for Kessem in early May.

"We're a family of four people where three have American citizenship and a 2-month baby that the State Department is refusing her a right to a birthright citizenship," Adiel Kiviti said.

The Kivitis said it initially seemed that their daughter's passport application would be processed under the policy for children born abroad of two US parents. However, they were later told her application had been flagged for surrogacy. Under the State Department policy on "assisted reproductive technology," "a child born abroad to a surrogate, whose genetic parents are a U.S. citizen father and anonymous egg donor, is considered for citizenship purposes to be a person born out of wedlock." When asked for comment on the Kivitis' story, a State Department official directed CNN to this operational guidance.

"We feel that it targets specifically LGBT families," Adiel Kiviti told Keilar on "CNN Right Now."

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