Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(c) or 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA if:

1. A blood relationship between the person and the father is established by clear and convincing evidence;
2. The father had the nationality of the United States at the time of the person’s birth;
3. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
4. While the person is under the age of 18 years --

• the person is legitimated under the law of his/her residence or domicile,
• the father acknowledges paternity of the person in writing under oath, or
• the paternity of the person is established by adjudication of a competent court.

If you have questions about the contents of this section or related citizenship laws you should contact a private attorney.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the formerly designated Sections 301(a)(3) and 301(a)(7) (changed to INA 301(c) and 301(g) effective October 10, 1978) of the INA as made applicable by the “old” Section 309(a) of the INA if the paternity of the child has been established by legitimation before the person turned 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 or older on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

Birth Abroad in Wedlock to a U.S. Citizen and an Alien

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7).) For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of fourteen. For birth between December 24, 1952 and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for the person to acquire U.S. citizenship at birth. The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

travel.state.gov/.../Acquisition-US-Citizenship-Child-Born-Abroad.html