Baby's Citizenship

[EmilyRugBurn 0]

Hello VJ-ers!

I've been trying to find a definitive answer on this but I'm getting different info from different directions, so I thought I'd ask the fine VJ community.

If all goes well :: fingers crossed :: I (a Canadian citizen) will be a Permanent Resident of US sometime in the last half of 2007. If my husband (a US citizen) and I were to have a baby in the US, what would his/her citizenship be?

If we were to come back here (to Canada) to have the baby -- assuming this is an option -- what would his/her citizenship be then?

Has anyone experienced this themselves or can anyone offer any links to credible info?

Thanks a million for any assistance you can provide!

Cheers,

~ Em

[hockeygal 0]

I don't know about your returning to Canada to have the baby, but if born in the USA, you can still get Canadian citizenship for the baby. My sister had her kids in the USA, and got them citizenship cards for Canada. They will have to update them sometime, as the photos on them are of babies, but they still count!

[Eveline 9]

The baby will be American and Canadien citizen either way. Our baby will be German/American. It doesn't matter where the baby is born but the nationality of its parents.

[kitkat1 5]

http://travel.state.gov/passport/fri/faq/faq_1741.html#ca15

What should I do if my baby is born abroad?

As U.S. citizen parent(s), you should report your child's birth abroad as soon as possible to the nearest U.S. embassy or consulate to establish an official record of the child's claim to U.S. citizenship at birth. The official record will be the Consular Report of Birth of a Citizen of the United States of America , Form FS-240. This document, know as the Consular Report of Birth Abroad , is a basic United States citizenship document. An original FS-240 document will be given to you at the time registration is approved.

A Consular Report of Birth can only be prepared at a U.S. embassy or consulate. It cannot be prepared if the child has been brought back into the United States, or, if the person is 18 years of age or older at the time the application is made.

If one or both of your parents was a U.S. citizen when you were born abroad, your parent(s) should have registered your birth at a U.S. embassy or consulate, and, received a Consular Report of Birth Abroad , Form FS-240. This form is acceptable legal proof of birth and U.S. citizenship

[kariandmax 0]

My son was born in Canada...less than 4 weeks before my K1 interview. As soon as we crossed the border and his father and I married, we went and applied for his US passport. My son now has all of his documents for both Canada and the US. One reason we did not register his birth abroad was because my husband could not come back to Canada and go to the consulate to register the birth in person (he had used all of his holidays when he came back for the birth).

I do know that if you have your baby in the US you just have to apply for the Canadian Citizenship Card...I know that if we have any other children in the future we will be sure to make sure that they are citizens of both the Canada and the US.

[EmilyRugBurn 0]

"The baby will be American and Canadien citizen either way... It doesn't matter where the baby is born but the nationality of its parents."

This was also my (basic) understanding. If I were to give birth in the US, the baby would be an automatic citizen (due to the 14th Amendment). But, because I am a Canadian citizen, we could apply for CDN citizenship for the baby as well. i.e. The baby will be a dual citizen and carry two passports. Does that sound right?...

Thanks to everyone who responded!

[riblet 0]

Emily, you won't have to apply for Canadian citizenship when the baby is born - just by being your child it will automatically have Canadian citizenship no matter where it is born. You just need to need to apply for a certificate to prove it

I know this for sure, my sister (dual u.s./canadian) just had her first child in September in San Diego, and this is what she did. My little dual citizen neice

Edited November 7, 2006 by riblet

[EmilyRugBurn 0]

"Emily, you won't have to apply for Canadian citizenship when the baby is born - just by being your child it will automatically have Canadian citizenship no matter where it is born. You just need to need to apply for a certificate to prove it."

Ah, yes -- this is sort of what I meant, but you were much more clear and articulate!

Thank you, muchly, riblet!

[zyggy 9]

Emily, you won't have to apply for Canadian citizenship when the baby is born - just by being your child it will automatically have Canadian citizenship no matter where it is born. You just need to need to apply for a certificate to prove it

I know this for sure, my sister (dual u.s./canadian) just had her first child in September in San Diego, and this is what she did. My little dual citizen neice

Yes.. the baby will be a Canadian citizen at the time of it's birth, buit will not be able to enjoy the benefits of that Citizenship until a Certificate of Canadian Citizenship is issued for the child. This is why the Certificate of Canadian Citizenship should be applied for as soon as possible.

You appliy for the Certificate of Canadian Citizenship at the Canadian Consulate that has jurisdiction over your residence.

Edited November 13, 2006 by zyggy