Obtaining U.S. Citizenship for a Child Born Abroad

A child born in a foreign country can obtain U.S. citizenship at birth if they meet several requirements. This page explains how a child can obtain U.S. citizenship if they are born:

  • In wedlock to two parents who are U.S. citizens
  • In wedlock to a parent who is a U.S citizen and a parent who is a U.S. national
  • In wedlock to a parent who is a U.S. citizen and a parent who is a citizen of a foreign country
  • Out of wedlock to two parents who are U.S. citizens
  • Out of wedlock to a father who is a U.S. citizen
  • Out of wedlock to a mother who is a U.S. citizen

A child is born “in wedlock” or “of wedlock” when:

  • The parents are legally married to each other at the time of the child’s birth, or
  • The child is born within 300 days of the end of the marriage by death or divorce.

For more information about obtaining U.S. citizenship, you can refer to Section 301 and Section 309 of the Immigration and Nationality Act.

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A child will obtain citizenship if:

  • At least one parent resides in the United States or its territories before the child’s birth
  • At least one parent has a genetic or gestational connection to the child
  • Both parents in the marriage show a parental relationship to the child 
    • Examples of this relationship include: medical, tax, educational, or other documents that show the individual has acted in a parental role
    • If this requirement is not met, the child may be able to obtain citizenship as a child born out of wedlock  

A child will obtain citizenship if:

  • The U.S. citizen parent resided in the United States or its territories for a continuous period of one year at any time before the child’s birth
  • At least one of the parents has a genetic or gestational connection to the child
  • Both parents in the marriage show a parental relationship with the child
    • Examples of this relationship include: medical, tax, educational, or other documents that show the individual has acted in a parental role
    • If this requirement is not met, the child may be able to obtain citizenship as a child born out of wedlock

A child born on or after November 14, 1986 will obtain citizenship if:

  • The U.S. citizen parent was physically present in the United States or its territories for five years before the child’s birth. At least two of these years must be after age 14.  

A child born between December 24, 1952 and November 13, 1986 will obtain citizenship if:

  • The U.S. citizen parent was physically present in the United States or its territories for 10 years before the child’s birth. At least five of these years must be after age 14.

A child must also meet other requirements including:

  • At least one parent has a genetic or gestational connection to the child
  • Both parents in the marriage show a parental relationship with the child
    • Examples of this relationship include: medical, tax, educational, or other documents that show the individual has acted in a parental role
    • If this requirement is not met, the child may be able to obtain citizenship as a child born out of wedlock

A child born on or after November 14, 1986 will obtain citizenship if:

  • The U.S. citizen father:
    • Has a blood relationship with the child established by evidence
    • Was a U.S. citizen at the time of the child’s birth
    • Agreed in writing (unless deceased) to provide financial support for the child until the age of 18, and
    • While the child is under age 18:
      • They are legitimated (examples: parents’ marriage certificate dated after birth, or certified court order), or
      • The father acknowledges paternity of the child in writing under oath, or
      • A competent court established the paternity of the child
  • At least one parent resided in United States or its territories before the child’s birth

If a U.S. citizen father does not follow these requirements, the child can obtain citizenship if:

  • The U.S. citizen mother was physically present in the United States or its territories for a continuous period of one year before the child’s birth

This requirement is not affected by the Sessions v. Morales-Santana ruling in 2017, so it does not matter if the child was born before or after June 11, 2017.

A child born on or after November 14, 1986 will obtain citizenship if:

  • The U.S. citizen father:
    • Has a blood relationship with the child established by evidence
    • Was a U.S. citizen at the time of the child’s birth
    • Agreed in writing (unless deceased) to provide financial support for the child until the age of 18, and
    • While the child is under age 18:
      • They are legitimated (examples: parents’ marriage certificate dated after birth, or certified court order), or
      • The father acknowledges paternity of the child in writing under oath, or
      • A competent court established the paternity of the child
  • The U.S. citizen father was physically present in the United States or its territories for five years before the child’s birth. At least two of these years must be after age 14.

If you were born before November 14, 1986, you may be eligible to obtain U.S. citizenship under parts of the Immigration and Nationality Act in effect when you were born.

A child born between December 24, 1952 and June 11, 2017 will obtain citizenship if the mother was:

  • A U.S. citizen at the time of the child’s birth, and
  • Physically present in the United States or its territories for a continuous period of one year before the child’s birth.

A child born on or after June 12, 2017 will obtain citizenship if the mother was:

  • A U.S. citizen at the time of the child’s birth, and
  • Physically present in the United States or its territories for a period of five years. At least two of these years must be after age 14.
Last Updated: November 26, 2024