This is the second in our two-part article series on acquisition of U.S. citizenship at birth by a child born abroad. Here, we discuss acquisition of U.S. citizenship at birth (transmission) for a child born abroad to U.S. citizen parent(s) who are not married to each other at the time of the child’s birth.

The requirements to be eligible to acquire U.S. citizenship at birth through transmission are the same as those mentioned in our previous article.

Child Born Abroad Out of Wedlock to Two U.S. Citizen Parents

Pursuant to Section 301(c) of the Immigration and Nationality Act (INA), a child born abroad out-of-wedlock on or after November 14, 1986, to two U.S. citizen parents will acquire U.S. citizenship if prior to the child’s birth, at least one of the parents had a residence in the U.S. and the U.S. citizen father satisfies the criteria under the “new” INA 309(a). If the U.S. citizen father does not satisfy the criteria under INA 309(a), the child will acquire U.S. citizenship if the U.S. ctizen mother satisfies the requirements for out-of-wedlock birth to a U.S. citizen mother instead.

Child Born Abroad Out of Wedlock to a U.S. Citizen Father and Foreign National Mother

Per the “new” INA Section 309(a), a person born abroad out-of-wedlock on or after November 14, 1986, to a U.S. citizen father and a foreign national mother may acquire U.S. citizenship under INA Section 301(g) if the following conditions are met: 

1. There must be a blood relationship between the father and the child which can be determined by definite proof.
2. The father must have been a U.S. citizen at the time of the child’s birth.
3. Unless deceased, the father must have agreed to provide financial support for the child in writing, until the child reaches the age of 18 years.
4. When the child is under the age of 18 years:• the child must be legitimated under the law of his/her residence, or
• the father must acknowledge paternity of the child in writing under oath, or
• the paternity of the child must be established by adjudication of a competent court.

For a child who was born abroad out-of-wedlock on or after November 14, 1986, to acquire U.S. citizenship, the U.S. citizen father must have been physically present in the U.S. for five years prior to the child’s birth, at least two of which must have been after the child turned 14 years of age. However, individuals born between November 15, 1968, and November 13, 1971, may obtain U.S. citizenship under either the “new” INA 309(a) and 301, as described above, or the “old” INA 309(a) and 301.

Child Born Abroad Out of Wedlock to a U.S. Citizen Mother 

• Residence Requirement for Child born between December 24, 1952, and June 11, 2017

Under Section 309(c) of the INA, a child born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952, and June 11, 2017, may acquire U.S. citizenship if the mother was a U.S. citizen at the time of the child’s birth and was physically present in the U.S. for a continuous period of one year prior to the child’s birth.

• Residence Requirement for Child born on or after June 12, 2017

Pursuant to Section 301(g) of the INA, a child born abroad out-of-wedlock on or after June 12, 2017, to a U.S. citizen mother and foreign national father, may acquire U.S. citizenship at birth if the mother was a U.S. citizen at the time of the child’s birth and was physically present in the U.S. for a period of five years, at least two of which must have been after the child turned 14 years of age.

More information on this topic can be found here.