Questions about obtaining US/UK passports for baby

Hi all,

Well, I've found out that I'm around 6 weeks pregnant, due in early November. I think my case may be a bit complicated.

My wife and I were married in Massachusettes, and she is a UK citizen.
I'm a US citizen, and plan on giving birth in the UK. I've got ILR.
I conceived through AI, but the current laws will have my wife's name on the birth certificate.
I'm due in November, and hoping to travel back to the US with baby and wife for Christmas.

How realistic is it going to be getting my child's UK and/or US passport in the 6-8 weeks between their birth and Christmas?

My wife and I always travel through immigration separately - her in the non-citizen lines in the US, and me in the US line. In the event I can't get a US passport for baby in time, would there be any isses for my wife to take baby through the UK line and me go through the US line?

Do you think there may be any issues registering the birth in either country given my circumstances?

Thanks in advance!

I think you should see a solicitor and a US attorney about this.  I'm assuming based on your description that you're in a same sex relationship and for some reason your wife is on the birth certificate although you are carrying the child.  (her egg?)

You need to get this sorted before you have the baby because I think it's possible the baby won't be eligible for US citizenship based on the information you've provided. 

Not to mention that traveling within 6-8weeks of birth sounds like a bad idea to me as as a mother. 

Good luck!

You need to get this sorted before you have the baby because I think it's possible the baby won't be eligible for US citizenship based on the information you've provided.  

Not to mention that traveling within 6-8weeks of birth sounds like a bad idea to me as as a mother.  

Maybe not eligible for UK citizenship, but I don't see how the baby would not be eligible for US citizenship.  The baby is being born to a mother who is a US citizen.  The US citizen's name will be on the birth certificate, right?

I think you could get a US passport in time, but it would likely have to be expedited.

And I think traveling 6-8 weeks after birth with baby is fine, as long as you feel up to it and aren't recovering from a c-section.

I think you should see a solicitor and a US attorney about this.  I'm assuming based on your description that you're in a same sex relationship and for some reason your wife is on the birth certificate although you are carrying the child.  (her egg?)

All children born to same-sex couples in the UK have both partners in the relationship listed on the birth certificate, no matter the biology. See here.

Why wouldn't the child be eligible for US Citizenship? At the very least, I will be giving birth to the child and I am a US Citizen.

From what I've read here, the baby will qualify for UK citizenship based on my ILR (as that's my Home Office Registration?) and my partner's citizenship. Or am I reading this wrong?

From what I've read here, the baby will qualify for UK citizenship based on my ILR (as that's my Home Office Registration?) and my partner's citizenship. Or am I reading this wrong?

I think you're correct.  If I remember right, as long as one parent is a permanent resident of the UK (holds ILR) than the child is a UK citizen.

As far as US citizenship, I would think that your baby would qualify for that also.  Only one parent need to be a US citizen ( and meet the US residency requirements) in order for a child born overseas to obtain US citizenship.  However, I'm by no means, an expert, and I suppose a call or email to the US Embassy for clarification couldn't hurt

As to your other question, I don't really have any idea about how long it takes to get the passports. 

Congrats on your pregnancy!

A person who has a claim to US citizenship is required to enter the US on a US passport.  So your wife really shouldn't take the baby through the UK line on a UK passport.  You will need the baby's US passport.

I think you're correct.  ...

Thanks for thoughts, Petunia. I assumed that my status alone would govern both citizenships (USA as I'm a US citizen & meet residency requirements, and UK since I'm a perm resident.) I've also got the back-up that the child's "second parent" on their birth certificate is also a UK citizen.

I may just drop the embasy a line to see what they come back with!

Thanks.

A person who has a claim to US citizenship is required to enter the US on a US passport.  So your wife really shouldn't take the baby through the UK line on a UK passport.  You will need the baby's US passport.

That was my initial thought, too.

So now that I've had a tad of a scare thinking that baby may not be eligible, I've done more research on both sides:

Here's what I've found for UK Citizenship:

Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom
If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.

I'm settled, so that's covered.

And US

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

I lived in the USA up until 3 years ago (I'm 30 now.)

So now that issue is covered, it's just the time-line thing I'm worried about!

Good, stress isn't good for a mother-to-be!

The timeline thing...I just don't know.  Especially at that time of year.  But you will likely get some responses from other mothers on here who have recently got passports for their new babies.  You can do a search or just browse the threads in here to see some experiences.  Good luck!

I got a US passport sorted for my baby to travel when she was 7.5 weeks old.  There is an online booking tool on the US embassy website to make an in-person appointment for a childs first passport.  It's actually the only way to get it.  I don't think you could do it by post.  They release appoints several weeks in advance, so make note of when they are likely to release appts after your due date and just keep checking back each day till you get one.  Check first thing in the morning.  I had to check for about a week first thing every day at work.  It will ask for your name details and the baby's details - In the FIRST NAME field, you can just put "baby".  And for the Birthday, just put your due date.  I called the embassy and asked about this specifically, as you will need to get an appt long before you give birth.  Then just follow all the instructions and show up on the day of your appt.  It can take about 2 weeks from the date of your appt to get the passport back.  So factor that into your plans. 

As for UK passport - I don't think you can do an in-person appt for an infant.  If you do the quickest method possible, it only took a few weeks.

I planned it this way:
Sent DH out during the first week to get the birth certificates from the council registrar.
Got photos taken at Snappy Snaps at like 10 days old.  (Seriously ridiculous that these will be in her passports for 5 years).
Sent of UK Passport application - Rec'd that back before US appt.
US appt at Embassy - rec'd this back with about a week to spare for travel.

The best thing I did was write it all out and have the docs as ready as possible before giving birth.  This was in-case I was out of commission from a c-section, DH could do as much as possible.  In the end, it was helpful to keep me on track for all the applications and stuff.

Oh, thanks so much! That's very helpful!!

I conceived through AI, but the current laws will have my wife's name on the birth certificate.

Just to clarify: the only reason I thought your baby might not be eligible for US citizenship is that I read this sentence to mean that ONLY your wife's name would be on the birth certificate not yours.  My comments were directed at that particular issue - as obviously it would create a problem in paperwork.

In many states (including Texas where I live) the state will refuse to put both parents names on the birth certificate if the parents are the same sex.  Unfair, I know, but it also creates some real legal nightmares for same-sex parents.  I should have known that the UK would allow both parents' names regardless Didn't mean to send up a scare unnecessarily.