Citizenship laws have changed over time, especially regarding foreign birth. Since children born abroad are not born or naturalized on US soil, they are not considered to be covered by the 14th Amendment (Roger v Bellei). And thus, reasonable constraints may indeed be placed on such children. In fact in the early 1800's due to a poorly formulated law, children born abroad to US citizens may not have been US citizens at all.
Over time, citizenship laws have changed to reflect the changes of their time. Presently there is still a difference between a child born out of wedlock, abroad to a male and a female citizen parent. So to turn to your scenario, it depends on the circumstances of the mother if she could or could not confer American citizenship to her child, if her child is born abroad.
Quote:
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.
Sequoia32 wrote:
Lola_Getz wrote:
AnitaMaria wrote:
His mother was too young at the time to have conferred citizenship on her son if he had been born overseas (which he was not). The birth certificate matters.
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Imagine this scenario: a pregnant 16-year old American girl who lives in Seattle goes on vacation across the border in Vancouver, goes into labor and gives birth in Canada. Do you honestly believe that 16-year old mother wouldn't be old enough to confer her American citizenship upon her baby simply because she delivered the child while she was visiting on the Canadian side of the border?
I agree with Lola.
American citizenship laws tend to the inclusive side. Also, in many cases, that interpretation would leave the child of the teenage tourist stateless.