Citizenship Registration for Foreign Born Children

American citizens often spend time overseas for job assignments, military deployments or sabbaticals. On occasion, these extended stays will result in the birth of a child out of wedlock.  Where a child is born abroad and out of wedlock to a father who is a United States citizen, that child is a citizen of the United States from birth.  However, in order to register that child’s citizenship, certain requirements must be met:

1.  A blood relationship between the applicant and the father is established by clear and convincing evidence;

2.  The father had the nationality of the United States at the time of the applicant’s birth;

3.  The father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years; and

4.  While the person is under the age of 18 years:

Applicant is legitimated under the law of their residence or domicile;

Father acknowledges paternity of the person in writing under oath; or

The paternity of the applicant is established by adjudication court.

An application process must be completed before a child born abroad can be registered as a U.S. citizen. The father must complete an Application for Consular Report of Birth Abroad and Affidavit of Parentage and Physical Presence to begin the registration process.

Once the child is registered as a United States citizen, the child is entitled to a United States Passport and a Social Security Number. In order to secure these documents the father must complete an Application for a U.S. Passport and Application for a Social Security Number.

The father must be physically present with the child and sign all of the above referenced forms, applications and affidavits in the presence of a United States Consular official in nation where the child was born. Additionally, documents supporting the above applications evidencing the child’s parentage and father’s nationality are required. These include the child’s birth certificate, father and mother’s passports and evidence of father’s physical presence in the United States including tax returns, supporting tax documents, pay stubs or employment contracts.

With each parent’s cooperation, this process can be straightforward and seamless, often being accomplished within days of the child’s birth. Yet questions arise as to how this process is accomplished when the father refuses to participate in the process.

First and foremost, a Custody Judgment must be established and entered with family court where the child is domiciled. The custodial parent will be granted rights to make the major decisions in the child’s life which traditionally include decisions regarding education, medical, religion and general welfare. If it is anticipated that citizenship registration is going to be an issue at the time of Judgment, it is imperative that the Custody Judgment reflect the custodial parent’s ability to make citizenship decisions for the child. While the lack of such language is not necessarily a prohibition against making such decisions, the more clarity and guidance an enforcing court can be given at the time of Judgment the smoother the enforcement process will be.