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Hollywood, FL asked in Immigration Law, Child Custody, Child Support and Family Law for Florida

Q: Can child's father gain citizenship by being on birth certificate?

I am a U.S. citizen, and I have a 12-year-old child with the father, who has barely been involved physically in our child's life and currently holds residency status. My child is a citizen. There have been no legal agreements or court involvement regarding custody or child support. Can the father of my child achieve full citizenship by me listing him on our child's birth certificate?

2 Lawyer Answers

A: Hi

No that's not how citizenship work. I suggest going to uscis.gov and reading upon the requirements for n400

James L. Arrasmith
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Answered

A: No, being listed on your child’s birth certificate does not give the father U.S. citizenship. Citizenship is not automatically granted through parentage unless a person is born to U.S. citizen parents under certain legal requirements. In this case, your child is a citizen by birth, but that status does not extend to the father simply because he is named as the parent.

The father’s path to citizenship would require going through the normal immigration process. Since he already holds legal residency status, his route would be applying for naturalization if he meets the requirements, such as continuous residence, good moral character, and passing the English and civics tests. Having a U.S. citizen child does not itself change those requirements or shorten the process.

If the father wanted to explore options, he could consult the rules around family petitions, but typically a child must be 21 years old to petition for a parent. Until then, his immigration status and potential citizenship remain based on his own lawful permanent residency and adherence to the naturalization process, not on being listed on your child’s birth certificate.

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