US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1409]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
       Part I--Nationality at Birth and Collective Naturalization
 
Sec. 1409. Children born out of wedlock

    (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, Sec. 309, 66 Stat. 238; Pub. 
L. 97-116, Sec. 18(l), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99-653, 
Sec. 13, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-525, Secs. 8(k), 
9(r), Oct. 24, 1988, 102 Stat. 2617, 2621.)

                       References in Text

    Section 405 of this Act, referred to in subsec. (b), is section 405 
of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out 
as a Savings Clause note under section 1101 of this title.


                               Amendments

    1988--Subsec. (a). Pub. L. 100-525, Sec. 8(k), amended Pub. L. 99-
653. See 1986 Amendment note below.
    Subsec. (b). Pub. L. 100-525, Sec. 9(r)(1), substituted ``before 
December 24, 1952'' for ``prior to the effective date of this chapter'' 
and ``at any time'' for ``before or after the effective date of this 
chapter and''.
    Subsec. (c). Pub. L. 100-525, Sec. 9(r)(2), substituted ``after 
December 23, 1952'' for ``on or after the effective date of this 
chapter''.
    1986--Subsec. (a). Pub. L. 99-653, as amended by Pub. L. 100-525, 
Sec. 8(k), amended subsec. (a) generally. Prior to amendment, subsec. 
(a) read as follows: ``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 child born out of 
wedlock on or after the effective date of this chapter, if the paternity 
of such child is established while such child is under the age of 
twenty-one years by legitimation.''
    1981--Subsec. (a). Pub. L. 97-116, Sec. 18(l)(1), substituted ``(c), 
(d), (e), and (g) of section 1401'' for ``(3) to (5) and (7) of section 
1401(a)''.
    Subsec. (b). Pub. L. 97-116, Sec. 18(l)(2), substituted ``section 
1401(g)'' for ``section 1401(a)(7)''.


                    Effective Date of 1988 Amendment

    Amendment by section 8(k) of Pub. L. 100-525 effective as if 
included in the enactment of the Immigration and Nationality Act 
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 
102-232, set out as an Effective and Termination Dates of 1988 
Amendments note under section 1101 of this title.


                    Effective Date of 1986 Amendment

    Section 23(e) of Pub. L. 99-653, as added by Pub. L. 100-525, 
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:
    ``(1) Except as provided in paragraph (2)(B), the new section 309(a) 
[8 U.S.C. 1409(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 [Nov. 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, 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, 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 [8 U.S.C. 1409(a)], as amended by 
    section 13 of this Act [section 13 of Pub. L. 99-653] 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.''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this 
title.