Is there not an understanding among countries that if their nationals give birth overseas, that the baby will be recognized as a national of the parent’s country?
By that I mean, if a French couple takes a vacation to the U.S. and the mother is seven months pregnant, and she delivers prematurely on American soil, we recognize the child as French and the couple may return back to France with the child, after certain documented verification of course to guard against child stealing and the like.
But we do let the French parents return home with the child.
Should this not also apply to illegal alien parents? If Mexico will accept the child as Mexican, which they will, why not deport the parents with their children?
Of course I’m touching upon the issue of “anchor baby” status and the wording of the U.S. Constitution.
I would think so. The issue is other countries claiming to have powers over them.
There is a cottage industry for Korean and Japanese families who want their children to have the right to US education. About the time of delivery, the mothers are brought to the US. The children are born in the US, then taken back to Japan or Korea to be raised. When they are of college age, they are eligible to move to the US -as natural born citizens- to obtain their education.
The US Congress is a travesty.
-- if a French couple takes a vacation to the U.S. and the mother is seven months pregnant, and she delivers prematurely on American soil, we recognize the child as French and the couple may return back to France with the child --
The child is recognized as an American too, having dual citizenship. And according to Congress, dual citizenship is no barrier at all to having "natural born citizenship" for the constitutional purpose of becoming president of the United States. No question whatsoever.
You are quite right. Such a baby will generally be both a US and French citizen.
BTW, Winston Churchill’s mother was an American citizen. On his 21st birthday he had to choose, at the time, between being an American or a British citizen. Today he’d probably just retain dual citizenship.
Not that I'm aware of. Every country makes its own rules regarding who it considers and doesn't consider to be a citizen.
No, but there doesn't really need to be. It's up to each country to say who are it's nationals and citizens. Most countries recognize children of citizens/nationals born outside the country as citizens. The US does. But they may or may not be natural born. Applying the definitions of "Law of Nations", that child of French tourists would not be a Natural born French citizen, although she probably would be a French citizen at birth. That would indeed be the case if were an American couple vacationing in France. That is the child would be a US Citizen at birth, but not natural born. Now if one of the parents was serving at a US Consulate or the Embassy, then the child would be natural born.