Sec. 309. children born out of wedlock
684 words·~3 min read·
/statute-compilations/comps-1376/sec-309A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 309 children born out of wedlock **[**[8 U.S.C. 1409](/us/usc/t8/s1409)**]** ### (a)439 The provisions of paragraphs (c), (d), (e), and
(g)of section 301, and of paragraph
(2)of section 308, shall apply as of the date of birth to a person born out of wedlock if— 439Subsection
(a)was rewritten by §13 of the Immigration and Nationality Act Amendments of 1986 (Pub. L. 99–653), as amended by §8(k) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100–525, 102 Stat. 2617). Subsection
(e)of §23 of the Immigration and Nationality Act Amendments of 1986, as amended by §8(r) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100–525, 102 Stat. 2619), provides as follows: (e)(1) Except as provided in paragraph (2)(B), the new section 309(a) (as defined in paragraph (4)(A)) shall apply to persons who have not attained 18 years of age as of the date of the enactment of this Act **[**viz., November 14, 1986**]**.
(2)The old section 309(a) shall apply—
(A)to any individual who has attained 18 years of age as of the date of the enactment of this Act **[**viz., November 14, 1986**]**, and
(B)any individual with respect to whom paternity was established by legitimation before such date.
(3)An individual who is at least 15 years of age, but under 18 years of age, as of the date of the enactment of this Act **[**viz., November 14, 1986**]**, may elect to have the old section 309(a) apply to the individual instead of the new section 309(a).
(4)In this subsection:
(A)The term “**new section 309(a)**” means section 309(a) of the Immigration and Nationality Act, as amended by section 13 of this Act **[**viz., the Immigration and Nationality Act Amendments of 1986**]** and as in effect after the date of the enactment of this Act.
(B)The term “**old section 309(a)**” means section 309(a) of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act. **[** Note.—The text of “old section 309(a)” is as follows: “The provisions of paragraphs (c), (d), (e), and
(g)of section 301, and of paragraph
(2)of section 308, of this title shall apply as of the date of birth to a child born out of wedlock on or after the effective date of this Act **[**viz., December 24, 1952**]**, if the paternity of such child is established while such child is under the age of twenty-one years by legitimation.”**]** ####
(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, the provisions of section 301(g) 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. ## chapter 2 Nationality Through Naturalization
Connectionstraces to 1
Traces to 1 document
U.S. Code
4 references not yet in our index
- Pub. L. 99-653
- Pub. L. 100-525
- 102 Stat. 2617
- 102 Stat. 2619
Citation graph
cites case law
Sec. 309
children born out of wedlock
Pub. L.Pub. L. 99-653
Pub. L.Pub. L. 100-525
Stat.102 Stat. 2617
Stat.102 Stat. 2619
Cites 5Cited by 0 across 0 sources