§ 1409. Children born out of wedlock

951 words·~4 min read·/usc/title-8/section-1409

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(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.

(June 27, 1952, ch. 477, title III, ch. 1, § 309, 66 Stat. 238; Pub. L. 97–116, § 18(l), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99–653, § 13, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, §§ 8(k), 9(r), Oct. 24, 1988, 102 Stat. 2617, 2621.)

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