Fremont, CA asked in Immigration Law for California

Q: Can a parent deny US citizenship for their baby at the time of birth & opt for citizenship of the baby’s parent instead

Can the parents of a baby born in USA deny US citizenship for their baby and choose to opt for the parents citizenship instead. Kindly consider that both parents are citizens of India. Thank you!

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2 Lawyer Answers
Rozanna Pondeva Gasparian
PREMIUM
Answered

A: A child born in the Untied States is considered a United States Citizen at the time of birth under the 14th Amendment. In addition, if the other country recognizes dual citizenship, then yes a child could have more than one citizenship as the US currently recognizes dual citizenship. I would speak to an attorney who handles India citizenship matters and inquire what the requirements for citizenship to a foreign child are.

James L. Arrasmith
PREMIUM
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Answered

A: If a baby is born in the United States, they are automatically granted U.S. citizenship under the 14th Amendment of the Constitution, regardless of the parents’ citizenship status. This is known as birthright citizenship, and it cannot be waived or denied by the parents at the time of the child’s birth. The child’s U.S. citizenship is automatic and does not require any action or approval from the parents.

That said, the child can also be eligible for the citizenship of the parents’ home country, such as India, depending on that country’s laws. Many countries, including India, allow children born abroad to acquire citizenship through their parents. You would need to consult with the Indian authorities or consulate to understand the process for registering your child’s Indian citizenship.

However, holding dual citizenship may have implications, as India does not permit dual citizenship. If your child acquires Indian citizenship, they may need to renounce U.S. citizenship when they come of age, should they choose to retain Indian nationality. It is important to carefully consider the long-term legal and practical consequences for your child before making any decisions.

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