Citizenship Series Part 6: Deriving Citizenship When the Child Was Born Out of Wedlock
Naturalization of Mother When Child Was Born Out of Wedlock and Paternity Not Established by Legitimation:
While the concept of legitimate or illegitimate children seems very old fashioned, but even in this modern era, legitimation is important in many cases where a child’s parents were not married at the time of their birth. While this is certainly a far cry from the middle ages where “illegitimate” children were seen as lesser than and afforded fewer rights, legitimation plays a role in determining parental rights (particularly for fathers), whether the child might have inheritance rights, and in this case immigration status.
In the case of immigration, that lack of legitimation may work in your favor. If you were born out of wedlock and your father’s paternity was not established through legitimation, then your mother’s naturalization satisfies the requirement for Deriving Citizenship in the same way as the Naturalization of a Surviving Parent would as discussed in Part 4 of this series. Of course, you must also meet all criteria laid out in Part 3 as well.
How do you know if your father’s paternity was actually legitimized? There are different legal distinctions in different countries, but in general, there are only routes for legitimation.
- Marriage – If your parents got married any time after your birth, legitimation is automatic without any court action
- Special Proceeding – This requires specific legal action brought about by the father and can even be established after the child is an adult.
It should also be noted that if your parents were married (and paternity was legitimized) after you Derived Citizenship from your mother’s naturalization when paternity was not established by legitimation, this does not mean that you would lose your citizenship.
If you believe you meet these criteria and wish to file an N-600 (Application for Certificate of Citizenship), or if you simply have questions about naturalization, call U.S. Immigration Lawyer Sean D. Hummel to schedule a consultation.
