United States Code
8 U.S.C. § 1409
Children born out of wedlock
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Sign in to follow →Bills that would change it 12
- HR 3194 U.S. Citizenship Act Amends its part 1409(a), 1409(a)(15)(V) · introduced · 118th Congress
- S 883 New Deal for New Americans Act of 2023 Amends its part · introduced · 118th Congress
- HR 1643 New Deal for New Americans Act of 2023 Amends its part · introduced · 118th Congress
- HR 1177 U.S. Citizenship Act Amends its part 1409(a), 1409(a)(15)(V) · introduced · 117th Congress
- HR 1308 New Deal for New Americans Act of 2021 Amends its part · introduced · 117th Congress
- S 433 New Deal for New Americans Act of 2021 Amends its part · introduced · 117th Congress
- S 348 U.S. Citizenship Act Amends its part 1409(a), 1409(a)(15)(V) · introduced · 117th Congress
- HR 4928 New Deal for New Americans Act of 2019 Amends its part · introduced · 116th Congress
- HR 3647 Save America Comprehensive Immigration Act of 2017 Amends 1409(a) · introduced · 115th Congress
- HR 1970 Kerrie Orozco Act Amends its part · introduced · 115th Congress
- HR 218 People Resolved to Obtain an Understanding of Democracy Act Amends its part · introduced · 112th Congress
- HR 264 Save America Comprehensive Immigration Act of 2009 Amends 1409(a) · introduced · 111th Congress
The law today
From the official United States Code, current through Public Law 119-121.
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 1401 of this title, and of paragraph (2) of section 1408 of this title, shall apply as of the date of birth to a person born out of wedlock if—
(1) a blood relationship between the person 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 person’s birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years—
(A) the person is legitimated under the law of the person’s residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405 of this Act, the provisions of section 1401(g) of this title shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
Official text at uscode.house.gov ↗