Is a baby denied U.S. citizenship if he/she born during overseas flight or while the mother is on vacation?

Question

I am speaking in terms of parents born and residing in the U.S. (natural citizens) having a baby while out of the states.

Answer 1

You've gotten good answers from others, but there is one thing no one has addressed- generally, the parent with citizenship has to have had ten years of residence in the USA, five of which were after the age of 14. In your case, you've got two US Citizen parents, so that'll help because you double the chances that one of them meets the residency requirements.

There used to be a legitmacy angle for the baby, too, but I think that's mostly gone away.

One thing that will *have* to happen is that the US Consular Officer who issues the FS-80 (Report of Birth Abroad) will have to satisfy himself that the facts are true- that the child is the offspring of the US Citzen parent(s) and there are no unusual circumstances.

For example, I once had a US Citzen with a great job and concomitant health insurance for him and his wife. They didn't have any children after 20 years of marriage. They never visited Mexico because it was "funny" to them. One day, when
his wife was 8.5 months pregnant, they decided to visit Mexico and ... his wife delivered the baby in a Mexican hospital. (Is your BS alarm going off?) I asked him for the phone number of his wife's obstetrician (good health insurance, remember?) and after 20 years of trying, she never bothered to see one. Turns out, they "adopted" a baby by getting the pregnant Mexican girl to register at the hospital as the Mrs. When they came to me for an FS-80, I denied them and had to respond to a congressional inquiry. A bit dicey, but my decision held.

Hope this doesn't make you nervous. I think it's very unusual for a woman to fly when she's nearly ready to deliver. Not sure about your vacation factor, but then, it won't be *me* who makes the determination you're looking for. Good luck.

Answer 2

if the mother is a US citizen, then the child is also a US citizen, no matter where it was born.

Just needs some paperwork to prove it so the child can enter USA with no problems.

Usually a citizenship card which you can apply for at the embassy.

Answer 3

the citizenship of the child follows the parents. If either of the parents are American Citizens, the child may apply for American Citizenship.

If both parents are citizens of some other country, the citizenship of the child goes to that country the parents are from.

Answer 4

No, of course not. If the parents are US citizens the baby is a US citizen using your example. Any US citizen having a baby outside of the United States only need register the birth at the closest US embassy or consulate. A passport and social security card will be issued.

Answer 5

Wouldn't matter where the baby is born. If the parents are born and raised here, well, you can't expect a baby to be left behind, or expected to go through immigration processes. Some things you just have to use a little common sense.

Answer 6

I'm not sure, but I would think the child would still legally be U.S. citizen as long as the mom was a citizen and she had a VISA with return plans to the U.S.. FYI: DR.'s don't recommend air travel if a woman is past a certain point in their pregnancy.

Answer 7

there was a case a number of years ago were a mother had a child whilst in flight and the child was not granted citizenship of the parents home country.

Answer 8

Any child of US citizens, and any child born in the US, is entitled to citizenship.

Answer 9

I have a cousin born in Mexico while parents were on vacay, and she has dual citizenship (American).

Answer 10

Best of my knowledge, no. If parent is U.S. citizen should be no problem.