If a person who is not an American citizen gives birth to a child at the US embassy is their child a Citizen?

Question

For instance: a person from Mexico gives birth to a child while on the grounds of the US embassy, since those grounds are considered US soil would that child be a US citizen?

Answer 1

Sorry for all the wrong answers. Where do people get this stuff?

There are six basic sources of citizenship worldwide: by place of birth, by descent, by marriage, by naturalization, by treaty and by default. Every country in the world makes their own laws about acquisition of citizenship using some of or a combination of these six principals.

US citizenship law uses place of birth, descent, naturalization and default. This means, for the birth of babies, that a child born in the US (or in US territorial waters, or in a plane flying overhead) acquires citizenship by place of birth. Outside the US - such as on military bases, on the grounds of US embassies, or anywhere else - US citizenship can only be acquired by descent: one or both of the parents is a US citizen who lived in the US long enough to pass on citizenship to the child.

US embassies are NOT US soil for the purpose of citizenship, or anything else. They are owned or rented properties with special rights due to diplomatic treaties and certain international conventions, but those rights do not include the right to claim as a US citizen any child born on the grounds. US military bases are the same. Contrary to popular perception and a lot of careless news reporting, embassies are still the sovereign territory of the country in which they are located, not of the country whose diplomatic mission is housed there. That is why an office building can host an embassy on some floors and, say, a bank on others.

The reason for the perception is that the Vienna Convention states that the local government foreswears the right to enter an embassy, and diplomatic immunity protects the diplomats working inside. However, this does not mean that that space is somehow transmuted into US (or other) soil or legal territory for purposes of citizenship.

Say, for example, that a baby is born in the U.S. Embassy to Ickystan. That child does not gain U.S. citizenship by virtue of birth in the U.S.- it was born in Ickystan.

Some myths die hard. Jose, whose answer follows this, is also wrong. This is not my opinion; it is the law. For those who still would rather think that I am wrong, show me an official reference.

Answer 2

Actually the child's birth place determines theur residency, not the parent's nationality or citizenship. Many women actually do come to the U.S. and make sure they have their children in the U.S. so that the child is considered a citizen. Now, back to the question. If it takes place on the embassy grounds the child is a U.S. citizen. That's why when a U.S. citizen commits a crime overseas and runs to the embassy they are protected from the law of that land unless the ambassador turns them mover since the embassy falls under the laws and guidelines of the U.S.

Answer 3

I would have to agree with that consular officer's answer. While the US Embassy is considered US property (I don't know if it's the same for Consulates, as they serve a different purpose), but there may be a written exemption, in either US or international law, about whether births occuring there affect citizenship.

Answer 4

I advise you to listen to Dognhorsemom. There are certain protections provided to countries at their foreign missions (embassies, consulates and diplomatic offices), but national sovereignty abroad does not extend to the point of giving US citizenship to anyone born at a US diplomatic post - jus soli does not apply.

Answer 5

ABSOLUTELY.. Remember.. the building of the American Embssy and the ground that it sits on.. regardless of where it is located.. in China.. Russia... Lisbon(Portugal), that is American property and if a person as you mentioned.. gives birth IN that building, it is ON American soil and yes(unfortunately) they will have a child that will be American

Answer 6

it doesnt even have to be at the embassy, it can be on a city buss. as long as the birth takes place in the united states or on any of its properties, it is a legal u.s. citizen.

Answer 7

Yep, right of land; any child becames a citizen as long as he had been born in a US property.

Answer 8

dognhorsemom, i think you should read the information before you give out the wrong opinion. legally according to the text anybody born on U.S. Territory or Land (which includes U.S. Embassy's) is considered a U.S. CITIZEN. so my answer is yes.

Answer 9

well ideally speaking it is correct , but why would a US embassy authority allow a pregnant woman in labour enter the premises?

Answer 10

30 years ago yes, now, no. To many people were doing that to get a ticket here.