> I would welcome an informed option on a citizenship matter.
>
> The question concerns the so called "legitimation" requirements as
> per the INA 309 with regards to out of wedlock birth to an American
> father and Alien mother abroad.
>
> As per the foreign affairs manual of the United States :-
>
> 7 FAM 1133.4-2 Birth Out of Wedlock to American Father.
> Some states and countries grant all children equal rights, regardless
> of the parent's marital status. In such cases, the child may be
> considered to have established paternity by legitimation under old
> 309(a) if the blood relationship between the father and child was
> established before the child's 21st birthday, and the law
> concerning
> the equality of all children was in effect before the child's
> 21st
> birthday.
>
> >From BIA INTERIM DECISION 3328:-
> 1/ This definition was derived from the commonly accepted definition
> of
> legitimation (the act of putting an illegitimate child in the
> position
> or state of a legitimate child before the law by legal means) and
> from
> prior court cases such as Pfeifer v. Wright, 41 F.2d 464 (10th Cir.
> 1930). Matter of Reyes, supra. In Pfeifer v. Wright, the court
> stated
> that a legitimated child is one placed "in all respects upon the
> same
> footing as if begotten and born in wedlock," and his or her "civil
> and
> social status becomes that of a lawful child of the natural father,
> and
> the child and father thereafter stand[ing] in their relations to
> each
> other as though the birth had been during wedlock." Pfeifer v.
> Wright,
> supra, at 466 (emphasis added).
>
> In BIA decision 3020 ( matter of Garcia ) the following is quoted:-
>
> Under the New Jersey Parentage Act, effective May 21, 1983, all
> children and parents have equal rights with respect to each other
> regardless of the marital status of the parents. N.J. Stat. Ann. §§
> 9:17-38 to -59 (West 1983). Matter of Clarke, 18 I&N Dec. 369 (BIA
> 1983), modified.
>
> The New Jersey law referred to is:-
>
> 9:17- 40 "The parent and child relationship extends equally to every
> child and to every parent, regardless of the marital status of the
> parents."
>
> Many other States have the same law (they all have a version of the
> Uniform Parentage Act) including:-
>
> Washington RCW 26.36.020
> California 7002
> North Dakota 14-17-02
>
> My question then is:-
>
> If the BIA have recognised the law of New Jersey to offer
> "legitimation" , is it also true of the States mentioned above?
I have no idea what you're asking but assume you had a child with a non-
USC and the child was born abroad. And now you want to get US
citizenship for your child.
From http://travel.state.gov/law/info/info_609.html
"Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born
abroad out-of-wedlock to a U.S. citizen father may acquire U.S.
citizenship under Section 301(g) INA, as made applicable by Section
309(a) INA provided:
1) a blood relationship between the applicant and the father is
established by clear and convincing evidence;
2) the father had the nationality of the United States at the time of
the applicant's birth;
3) the father (unless deceased) had agreed in writing to provide
financial support for the person until the applicant reaches the age of
18 years, and
3) while the person is under the age of 18 years --
A) applicant is legitimated under the law of their residence or
domicile,
B) father acknowledges paternity of the person in writing under oath, or
C) the paternity of the applicant is established by adjudication court."
So as far as I can tell, there is no need for your child to be
"legitimated" in order to satisfy requirement #4 -- all you need to do
is write an affidavit saying you are the father.
--
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