Going into labor while traveling abroad is not something most parents plan for. If it does happen, your first question may be whether your baby will still be a U.S. citizen. The answer depends on a few key factors. The Immigration and Nationality Act (INA) governs how citizenship works at birth abroad.
Your citizenship status is what matters most
Under the INA, your citizenship determines your child’s citizenship at birth abroad. The location where your child is born does not matter, a principle attorneys refer to as jus sanguinis or citizenship by bloodline.
If both parents are U.S. citizens, your child is generally a U.S. citizen at birth with at least one parent having had prior U.S. residence. If one parent is a U.S. citizen, that parent must meet a physical presence requirement, which means at least five years in the United States, with at least two of those years after age 14.
These rules have changed over time, so which rules apply depends on when your child is born.
Your child may also gain citizenship in their birth country
The birth country may also grant your child citizenship. Many countries, including most in Latin America and parts of Europe, give automatic citizenship to any child born on their soil, while others grant citizenship only through parentage.
Your child could hold dual citizenship, and the United States permits this in most cases but does not actively encourage it.
What documentation your child will need
Although your child’s U.S. citizenship does not have to go through immigration, it still requires formal documentation. You will file Form FS-240, the Consular Report of Birth Abroad (CRBA), at the nearest U.S. embassy or consulate.
A CRBA application generally requires the following documents:
- Proof of your U.S. citizenship, such as a passport or birth certificate
- Proof of your physical presence in the United States, such as school or employment records
- Proof of your relationship with your co-parent, such as a marriage certificate
- Your child’s foreign birth certificate
- Completed Form FS-240 and applicable fees
Under federal law, a CRBA holds the same legal weight as a U.S. birth certificate; you may also apply for your child’s U.S. passport at the same time.
Your child’s future is worth getting right
The rules around citizenship at birth abroad are clear, but every family situation is unique. Knowing what to expect before you travel can give you real peace of mind. An experienced immigration attorney may review your specific circumstances and help you take the right steps.