I am a natural born American citizen who will be giving birth in November. I would like to give birth to my son in Germany (as I am now a permanent resident there living with my German husband), but I only want to give birth there if my child will also be American at birth. My husband hates travelling and I will be the one travelling with our son to and from the states. If my son only has a German passport I don’t think they will let me leave Germany without his father. I need to ensure that my child will have an American passport so he can travel with me. If anyone knows this answer, please help! I lost my health insurance when I married my husband (it was a survivor annuity from my late spouse), so if I have my baby in the states I will be paying out of pocket, but my husband’s insurance is only good in Germany. Help! I don’t want to rob my child of his American heritage and citizenship but I don’t want to pay thousands of dollars to give birth either!
The hospital issues the birth certificate which identifies the country. So, unless you are on a military base, your child will be German. America doesn’t call them “anchor babies” for nothing — foreign nationals arriving in the states to give birth. To apply for a passport requires a copy of the birth certificate.
German
It doesnt matter what citizenship you are, whatever country you have your child in they will be given citizenship to that country. so if you have your baby in Germany your child will have a German passport.
If born in Germany your kid will not have American citizenship, he (or more likely you for him) will have to apply for one.
If you intend to stay in Germany stay in Germany, If you are thinking of possible moving back to the states go to America (or back and forth from Germany to the states) as the wait for citizenship is long (as least the legal way is).
Your son will be both a German citizen and American citizen, depending on the circumstances. You must have lived within the territory of the US for at least 5 years proir to your child’s birth and 2 of these years must have been after your 14th birthday. If you do not satisfy these requirements, your on is not a US citizen unless you apply for his citizenship under the Child Citizenship Act of 2000. This allows your son citizenship if at least one of your parents has fulfilled the time rquirements. But if he becomes a citizen under the CCA 2000, he will be considered a naturalized citizen and not a natural born citizen, therefore making him ineligible to run for President or Vice-President of the US.
Since your son will be born in Germany and to a German citizen, he will definately be considered a German citizen. Under German law, he may also hold dual citizenship (the US also allows this) as he was born with both German and American citizenships.
As the law now stands, a child becomes a German citizen automatically upon birth if at least one parent is a German citizen.
As of January 1, 2000, children born in Germany to foreign parents acquire German citizenship at birth if at least one parent has lived legally in Germany for a minimum of eight years. Children who acquire German citizenship under this provision will be allowed to hold dual citizenship until they reach adulthood; they will be required to choose between their German and foreign citizenship by the age of 23 at the latest. Children born to foreign parents before the enactment of the new law who are under the age of ten will also be able to claim German citizenship by virtue of birth in Germany, if the above named conditions (time of legal residence) apply. That claim must be exercised within a year of the new law’s promulgation, and those who obtain German citizenship in this way will also be required to choose between their German and foreign citizenship by the age of 23.
Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.
if your husband’s health only works in Germany, by all means have the child’s birth in Germany;
in the US? you will pay out of your pocket….
please read this:
III. American-German Dual Nationality
1. Both the United States and Germany recognize the concept of multiple nationality.
2. A child born to an American parent and a German parent acquires both American and German citizenship at birth, regardless of place of birth, if the parents satisfy the jus soli or jus sanguinis requirements of their respective countries. See the sections above entitled, “Basic Primer on American Citizenship Law,” and “Basic Primer on German Citizenship Law.” Neither country requires a person born under these circumstances to choose between American and German citizenship, i.e., he/she may keep both citizenships his/her entire life.
http://germany.usembassy.gov/germany/services/dual_nationality.html
The baby should have dual citizenship. He can have dual citizenship until he is 23 years old and must then decide between US and German citizenship(unless German laws change). Apply for both passports as he is suppose to enter the US with a US passport. Having a US passport will not stop the German police from detaining you if you do not have the permission of the German father. As long as your present husband agrees to let his child travel it shouldn’t be a problem.
German citizen. As I know U.S. is adopting the principle of “jus soli” meaning a child becomes a U.S. citizen if born in the United States. Maybe Germany is adopting the same principle. It is safe to say to give birth in the U.S. for your baby to become an american citizen. Unlike in my country, Philippines, we are adopting the principle of “jus sangguines” meaning by blood. A child is a Filipino citizen even if born in the United States to a Filipino parents. You have to follow therefore the laws of your land to make your baby an american citizen.