if a sweedish man impregnates an american woman, and she goes to sweeden,
has the baby there, and then wants to return with the child to america, is
that easily done?
the woman is legally married to an american man by the way.

dreamer on 08 Nov 2003 suggested:
if a sweedish man impregnates an american woman, and she goes to sweeden, has the baby there, and then wants to return with the child to america, is that easily done? the woman is legally married to an american man by the way.
It isn't difficult. She needs to go to the US Embassy in Sweden,
and report the birth. They will help her prepare a "Consular Report of
Birth Abroad". For further details see http://travel.state.gov/m300.html
for the procedure, documents required, and fees. She should then call the
Embassy in Sweden and ask them to verify what they specifically will need.

--Douglas

dreamer wrote: if a sweedish man impregnates an american woman, and she goes to sweeden, has the baby there, and then wants to return with the child to america, is that easily done? the woman is legally married to an american man by the way.

If she is a citizen of the United States of America, so is the child. There
should be no legal problems in her return from the USA side. I can't speak
for the Swedish end of things. I suggest she seek out the nearest US
embassy for details and to acquire a passport or other needed papers for her
baby.

-paul

"dreamer" <nospamdreamer@outthere.com> wrote in message
news:<k9vqqvk3f9fd82s0363lpp3ir9ecaincsj@4ax.com>... if a sweedish man impregnates an american woman, and she goes to sweeden, has the baby there, and then wants to return with the child to america, is that easily done?

The natural child of an American female citizen is deemed an American
citizen regardless of whether it is born in USA or abroad.

Whether it's "easily done" is not something I'm prepared to answer.
There's a lot going on here we don't know (and don't really want to
know, thanks).
the woman is legally married to an american man by the way.

Not really relevant to citizenship -- although perhaps relevant to any
question of legal paternity. The husband is presumptively deemed to
be the father of children born during the marriage unless someone
affirmately proves otherwise.

--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult a lawyer in a private
communication.

Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300

"dreamer" <nospamdreamer@outthere.com> wrote in message
news:k9vqqvk3f9fd82s0363lpp3ir9ecaincsj@4ax.com... if a sweedish man impregnates an american woman, and she goes to sweeden, has the baby there, and then wants to return with the child to america, is that easily done? the woman is legally married to an american man by the way.

http://travel.state.gov/abduction_sweden.html

"dreamer" <nospamdreamer@outthere.com> wrote in message
news:<k9vqqvk3f9fd82s0363lpp3ir9ecaincsj@4ax.com>... if a sweedish man impregnates an american woman, and she goes to sweeden, has the baby there, and then wants to return with the child to america, is that easily done? the woman is legally married to an american man by the way.

1. The baby is an American citizen and can be issued a "Report of
Birth Abroad of a Citizen of the United States of America and an
emergency or a regular passport at the US Embassy in Stockholm (a
regular passport takes a month to get, a temporary one can be issued
right away).

2. There is a presumption that a child born to a married woman is the
child of her husband. If the parents are separated but not divorced,
and the woman is living with a Swedish man, it is possible that Nordic
liberal thinking will prevail. Many countries grant nationality to
non-marital children of their nationals (the USA does too, subject to
proof of paternity during the child's minority).

3. There may be a problem in respect of dual nationality from the
Swedish side once the child reaches majority. Ask a Swedish consular
officer. Or if you can read Swedish, go to
http://www.notisum.se/rnp/sls/lag/20010082.htm

Michael Jacobs <mjacobslaw@comcast.net> wrote:... The husband is presumptively deemed tobe the father of children born during the marriage unless someoneaffirmately proves otherwise.

Last time I looked, in California the mother's husband is deemed to be
the father of children born during the marriage. No ifs, ands, buts,
or unlesses.

Other states will have different rules, of course. And the California
law was written long before DNA testing became available, but blood
typing has been possible for a long time. (Blood typing can prove
non-paternity, but is only a slight positive indicator of paternity.)
--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.

<< The natural child of an American female citizen is deemed an American
citizen regardless of whether it is born in USA or abroad.

Wheth >><BR><BR>

Interesting that nationality is "inherited" through the mother, like Jewish
identity (or South Arabian tribal identity, less than a century ago.)
zemedelec

"Douglas S. Ladden" <nospamreply@nowayjose.org> wrote in message
news:<bc72rv4uasa3b24u2kgv2almstpdkma7oo@4ax.com>... dreamer on 08 Nov 2003 suggested: if a sweedish man impregnates an american woman, and she goes to sweeden, has the baby there, and then wants to return with the child to america, is that easily done? the woman is legally married to an american man by the way. It isn't difficult. She needs to go to the US Embassy in Sweden, and report the birth. They will help her prepare a "Consular Report of Birth Abroad". For further details see http://travel.state.gov/m300.html for the procedure, documents required, and fees. She should then call the Embassy in Sweden and ask them to verify what they specifically will need. --Douglas

What would make this interesting is knowing who she reported as being
the father. If she reported the Swedish man as the father, the child
would then be a dual national.

--
Chris Green

mjacobslaw@comcast.net (Michael Jacobs) writes:
"dreamer" <nospamdreamer@outthere.com> wrote in message news:<k9vqqvk3f9fd82s0363lpp3ir9ecaincsj@4ax.com>... if a sweedish man impregnates an american woman, and she goes to sweeden, has the baby there, and then wants to return with the child to america, is that easily done?
The natural child of an American female citizen is deemed an American citizen regardless of whether it is born in USA or abroad.

Subject to the restrictions on the mother's having had a certain amount
of "physical presence" within the US as noted in section 301 of the
Immigration and Naturalization Act, of course.

<http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21/slb-8339?f=templates&fn=document-frame.htm#slb-act301>

--
Christopher Davis * <ckd-sig@ckdhr.com> * <URL:http://www.ckdhr.com/ckd/>
Of course I feel old. The videos I used to watch on MTV (back when they
still showed videos) moved to VH1, and now they're on "VH1 Classic".

> > if a sweedish man impregnates an american woman, and she goes to sweeden, has the baby there, and then wants to return with the child to america, is that easily done? The natural child of an American female citizen is deemed an American citizen regardless of whether it is born in USA or abroad.

Not always. A child born in the US is, of course, a US citizen, regardless
of the mother's or father's citizenship, because anyone born in the US
is a US citizen (unless the parents hold diplomatic status).

But a child born outside the US, to a US citizen mother is not ALWAYS
a US citizen. If the father is not also a US citizen, then the mother must
meet physical presence requirements in the US, prior to the birth,
in order for the child to be a US citizen, and these requirements vary
depending on when the birth took place and whether the mother is married
to the father or not.

If both the father and mother are US citizens, then the requirements vary
depending on whether or not they are married.

The requirements can be found on the State Department's website at:

http://travel.state.gov/acquisition.html

Stephen Gallagher

Barry Gold on 12 Nov 2003 suggested:
Michael Jacobs <mjacobslaw@comcast.net> wrote:... The husband is presumptively deemed tobe the father of children born during the marriage unless someoneaffirmately proves otherwise. Last time I looked, in California the mother's husband is deemed to be the father of children born during the marriage. No ifs, ands, buts, or unlesses.
There is a conclusive presumption, but it is not absolute, and
there is a very clear "Except", which is the first word. See the
following relevant Family Code sections:


7540. Except as provided in Section 7541, the child of a wife
cohabiting with her husband, who is not impotent or sterile, is
conclusively presumed to be a child of the marriage.

7541. (a) Notwithstanding Section 7540, if the court finds that the
conclusions of all the experts, as disclosed by the evidence based
on blood tests performed pursuant to Chapter 2 (commencing with
Section 7550), are that the husband is not the father of the child,
the question of paternity of the husband shall be resolved
accordingly.
(b) The notice of motion for blood tests under this section may be
filed not later than two years from the child's date of birth by the
husband, or for the purposes of establishing paternity by the
presumed father or the child through or by the child's guardian ad
litem. As used in this subdivision, "presumed father" has the
meaning given in Sections 7611 and 7612.
(c) The notice of motion for blood tests under this section may be
filed by the mother of the child not later than two years from the
child's date of birth if the child's biological father has filed an
affidavit with the court acknowledging paternity of the child.
(d) The notice of motion for blood tests pursuant to this section
shall be supported by a declaration under oath submitted by the
moving party stating the factual basis for placing the issue of
paternity before the court.
(e) Subdivision (a) does not apply, and blood tests may not be
used to challenge paternity, in any of the following cases:
(1) A case that reached final judgment of paternity on or before
September 30, 1980.
(2) A case coming within Section 7613.
(3) A case in which the wife, with the consent of the husband,
conceived by means of a surgical procedure.

--Douglas

Christopher Green on 12 Nov 2003 suggested:
"Douglas S. Ladden" <nospamreply@nowayjose.org> wrote in message news:<bc72rv4uasa3b24u2kgv2almstpdkma7oo@4ax.com>... dreamer on 08 Nov 2003 suggested: if a sweedish man impregnates an american woman, and she goes to sweeden, has the baby there, and then wants to return with the child to america, is that easily done? the woman is legally married to an american man by the way. It isn't difficult. She needs to go to the US Embassy in Sweden, and report the birth. They will help her prepare a "Consular Report of Birth Abroad". For further details see http://travel.state.gov/m300.html for the procedure, documents required, and fees. She should then call the Embassy in Sweden and ask them to verify what they specifically will need. What would make this interesting is knowing who she reported as being the father. If she reported the Swedish man as the father, the child would then be a dual national.
Possibly. I am not familiar with the Nationality Laws of Sweden.
I do know that some countries allow you dual nationality from birth,
some presume only their nationality, and some require the child to
choose upon reaching the age of majority.

--Douglas

Zemedelec on 12 Nov 2003 suggested:
<< The natural child of an American female citizen is deemed an American citizen regardless of whether it is born in USA or abroad. Wheth >><BR><BR> Interesting that nationality is "inherited" through the mother, like Jewish identity (or South Arabian tribal identity, less than a century ago.) zemedelec
It CAN be inherited through either parent, but is not automatic. In
addition to being a US Citizen, the parent must also meet some US
residency requirements prior to the birth of the child, if the child is
born abroad.

--Douglas

zemedelec@aol.comspamfree (Zemedelec) wrote in message
news:<r5b5rvg93qa4ts0c96tfatt6oga01u6icu@4ax.com>... << The natural child of an American female citizen is deemed an American citizen regardless of whether it is born in USA or abroad. Wheth >><BR><BR> Interesting that nationality is "inherited" through the mother,\

It isn't.

US citizenship by birth abroad to a US citizen parent
can come through either the father or the mother, although
the details vary depending on whether one or both parents
are US citizens, whether the parents are married to each other,
and how long the US citizen parent(s) has/have resided or been
physically present in the US.

http://travel.state.gov/acquisition.html

If you visit the above State Department website you will see
that there are cases where a child born outside the US
to a US citizen parent, may have no claim to US citizenship.

Stephen Gallagher

"Douglas S. Ladden" <nospamreply@nowayjose.org> wrote in message
news:<v0u7rv46vqva8fepht46r5fel77n5tmkfh@4ax.com>... Christopher Green on 12 Nov 2003 suggested: "Douglas S. Ladden" <nospamreply@nowayjose.org> wrote in message news:<bc72rv4uasa3b24u2kgv2almstpdkma7oo@4ax.com>... dreamer on 08 Nov 2003 suggested: > if a sweedish man impregnates an american woman, and she goes to > sweeden, has the baby there, and then wants to return with the > child to america, is that easily done? > the woman is legally married to an american man by the way. > > It isn't difficult. She needs to go to the US Embassy in Sweden, and report the birth. They will help her prepare a "Consular Report of Birth Abroad". For further details see http://travel.state.gov/m300.html for the procedure, documents required, and fees. She should then call the Embassy in Sweden and ask them to verify what they specifically will need. What would make this interesting is knowing who she reported as being the father. If she reported the Swedish man as the father, the child would then be a dual national. Possibly. I am not familiar with the Nationality Laws of Sweden. I do know that some countries allow you dual nationality from birth, some presume only their nationality, and some require the child to choose upon reaching the age of majority. --Douglas

Sweden, which previously did not countenance dual nationality, updated
its citizenship law in 2001. The new law also addresses situations in
which the actual parents are not married. From the Swedish Embassy Web
site: "According to the new law, a child also receives a Swedish
citizenship if it is born [in] Sweden and the father is Swedish, even
if the parents are not married."

So my take is that if the mother had declared the Swedish man to be
the father, the child would indeed be a dual national. Sweden allows,
but does not require, a Swedish-born dual national to exempt
himself/herself from Swedish citizenship (Swedish Migration Board).
The US allows, but does not require, a dual national to renounce US
citizenship (Dept. of State). So the child could keep either or both
nationalities if it were to his or her advantage.

--
Not a lawyer,

Chris Green

Stephen Gallagher <sgallagher@rogers.com> wrote:Not always. A child born in the US is, of course, a US citizen, regardlessof the mother's or father's citizenship, because anyone born in the USis a US citizen (unless the parents hold diplomatic status).

Interesting. The rule about a child born in the US is from the 14th
amendment:
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the
United States and of the state wherein they reside.

I guess that if the parents hold diplomatic status, the child is not
"subject to the jurisdiction" of the US and so does not qualify under
this rule.
But a child born outside the US, to a US citizen mother is not ALWAYSa US citizen. If the father is not also a US citizen, then the mother mustmeet physical presence requirements in the US, prior to the birth,in order for the child to be a US citizen, and these requirements varydepending on when the birth took place and whether the mother is marriedto the father or not.If both the father and mother are US citizens, then the requirements varydepending on whether or not they are married.The requirements can be found on the State Department's website at:http://travel.state.gov/acquisition.html

That's even more interesting. If I read the page correctly, a child
born outside the US to a US citizen mother and a non-citizen father
will be a US citizen if:

. (born in wedlock): the mother had previously been physically
present in the US for at least 5 years, 2 of them after age 14.
. (born out of wedlock): the mother had previously been
physically present in the US for at least 1 year.

In other words, the requirements are more stringent for a child born
_in_ wedlock than one born _out_ of wedlock, if the mother is a US
citizen and the father a non-citizen.

The law is strange sometimes.
--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.

bgold@nyx.net (Barry Gold) wrote in message
news:<amfdrvck6sju076he4en0oposo8q0qpcv9@4ax.com>... Stephen Gallagher <sgallagher@rogers.com> wrote:Not always. A child born in the US is, of course, a US citizen, regardlessof the mother's or father's citizenship, because anyone born in the USis a US citizen (unless the parents hold diplomatic status). Interesting. The rule about a child born in the US is from the 14th amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. I guess that if the parents hold diplomatic status, the child is not "subject to the jurisdiction" of the US and so does not qualify under this rule.

That is correct. The part of the fourteenth amendment that you mention
is also the main roadblock in some efforts to change US nationality law.
There have been some attempts to restrict US citizenship by birth in
the US to only the children of US citizens or legal permanent
residents. Because of the fourteenth amendment's citizenship clause,
such a law would be challenged as being unconstitutional. Some
proposals to skirt this clause would be to declare that persons who
enter the US for the purposes of obtaining US citizenship for their child
would not be subject to US jurisdiction. At the same time, this would
give them immunity from prosecution if they were to commit a crime.
But a child born outside the US, to a US citizen mother is not ALWAYSa US citizen. If the father is not also a US citizen, then the mother mustmeet physical presence requirements in the US, prior to the birth,in order for the child to be a US citizen, and these requirements varydepending on when the birth took place and whether the mother is marriedto the father or not.If both the father and mother are US citizens, then the requirements varydepending on whether or not they are married.The requirements can be found on the State Department's website at:http://travel.state.gov/acquisition.html That's even more interesting. If I read the page correctly, a child born outside the US to a US citizen mother and a non-citizen father will be a US citizen if: . (born in wedlock): the mother had previously been physically present in the US for at least 5 years, 2 of them after age 14. . (born out of wedlock): the mother had previously been physically present in the US for at least 1 year. In other words, the requirements are more stringent for a child born _in_ wedlock than one born _out_ of wedlock, if the mother is a US citizen and the father a non-citizen.

Yes. That is true.

Stephen Gallagher

sgallagher@rogers.com (Stephen Gallagher) wrote in message
news:<1tkirvk6o2m05eulbecfafej9qfg8pd40o@4ax.com>...
In other words, the requirements are more stringent for a child born _in_ wedlock than one born _out_ of wedlock, if the mother is a US citizen and the father a non-citizen. Yes. That is true.

Yes and no. In fact, the one year period must be continuous. The
mother must not have left the USA at any time, for any reason, for 365
days. I recently had to produce old expired passports to prove this
fact for someone; but even then an officious consular officer could
demand "proof" that she hadn't spent a few hours in Canada or Mexico.
(Who on earth keeps expired passports for twenty or thirty years? Plus
their parents' passports, if, as was then the case, minors were
commonly included in the passport of a parent.)

The five years need not be continuous and, unlike the one year, time
spent as a US Government employee or military member (or as a
dependent of either) overseas can be substituted.

This is why consultation with a lawyer knowledgeable in the field is
essential in marginal cases. And why newsgroups aren't the best source
of reliable information.

Ironically, in the case of an infant born abroad to a US citizen
mother there is a presumption for passport-issuing purposes that the
child is NOT a US citizen. On the other hand, there is a presumption
for visa-issuing purposes and admission at the border that the child
IS a US citizen.

There are often workarounds, but they aren't easy and can be life- and
tax-altering.

In article <amfdrvck6sju076he4en0oposo8q0qpcv9@4ax.com>,
Barry Gold <bgold@nyx.net> wrote:
http://travel.state.gov/acquisition.htmlThat's even more interesting. If I read the page correctly, a childborn outside the US to a US citizen mother and a non-citizen fatherwill be a US citizen if: . (born in wedlock): the mother had previously been physically present in the US for at least 5 years, 2 of them after age 14. . (born out of wedlock): the mother had previously been physically present in the US for at least 1 year.In other words, the requirements are more stringent for a child born_in_ wedlock than one born _out_ of wedlock, if the mother is a UScitizen and the father a non-citizen.

Actually, that makes some sense. If married, there's a reasonable
presumption that the parents intend to combine their lives, so if the
father is non-US and the mother has few (physical) US ties, then not
granting automatic US citizenship to the child is reasonable.

Seth