Baby Born out of the USA

[dodo1968 0]

I was a US Permanent Resident since April 2002 and I am now a US citizen (by Naturalization) since October 2007. I have been married since December 2008. My wife is a US Permanent Resident since April 2009. She is now about 7 weeks’ pregnant and the problem is that I cannot have insurance coverage from my employer to cover her prenatal care. It is also possible that she will not be also covered for the delivery. The fact is that I have to wait for open enrollment to have insurance coverage for her. This will not happen until May 2009, but the actual coverage will not be effective until September 2009. By that time, it might be that the delivery will have already occurred. Other insurance providers will not also cover her because the pregnancy is considered a pre-existing condition.

Because of these circumstances, we are thinking of having my wife travel to my home country for part of the prenatal care and the actual delivery. These services will not cost that much over there. However, I have a few questions and I’ll deeply appreciate your input.

1. Will the baby be a US citizen since he/she will be born out of the USA? I read somewhere that one of the parents has to be a US citizen for at least 5 or 10 years for the baby to be also a US citizen. Is this correct?

2. Will the baby be able to travel back with the mum to the USA?

3. Once the baby is born, what are the steps to be taken to register the baby for US citizenship (provided this is possible)?

4. What are the documents that will be needed?

5. If I have missed any implication, feel welcome to bring any to my attention.

Thanks for all your responses.

[VanessaTony 3,567]

Read this: http://en.wikipedia.org/wiki/United_States..._States_citizen

So according to this,

1. Yes as long as you fulfil the above requirements

2. You will need to apply for CRBA (consular report of birth abroad) to obtain a US passport etc but yes, eventually (again dependent on fulfilling the requirements)

3. See above, CRBA.

4. you will need to google "CRBA" and your home country as you didn't mention it

What country it's happening in matters because they might have their own process. I think you should call because while one of the requirements for USC is 5 years PRESENCE in the USA, it doesn't specify that you need to have been a USC that entire time.. so I'm not sure

Hope that all makes sense.

[payxibka 10,047]

If I remember correctly, since the enactment of HIPPA, pregnancy can no longer be considered a pre-existing condition

[Dakine10 5,452]

If I remember correctly, since the enactment of HIPPA, pregnancy can no longer be considered a pre-existing condition

Federal law prohibits pregnancy form being considered a preexisting condition, however there are a few caveats.

1) It only applies to group plans (ie through employer)

2) The pre existing condition applies to changing health plans . If someone has no health coverage and then obtains health coverage after getting pregnant, they may still be subject to the waiting period for pre existing conditions. This varies depending on the insurer.