By Krisem
Dear Krisem,
Thank you for your previous article published to answer question about immigration. It was insightful. My name is Deborah B. and my question is:
“If a British couple—both mother and father being British citizens—have a baby while on holiday in the United States, does the child automatically acquire both American and British citizenship?”
What Happens When British Citizens Have a Baby in the United States?
By Krisem
Thank you Deborah for the question.
When a British couple welcomes a child while travelling in the United States, one pressing question arises: Does the child automatically gain both British and American citizenship? The short answer is yes—but there are legal nuances and long-term implications worth understanding. This article explores the citizenship entitlements of such a child under both U.S. and U.K. law.
U.S. Citizenship: Birthright by Soil
Under the Fourteenth Amendment of the U.S. Constitution, any child born on U.S. soil is automatically granted U.S. citizenship at birth. This principle, known in legal terms as jus soli (right of the soil), applies regardless of the parents’ nationality or immigration status—unless the parents are foreign diplomats with immunity from U.S. law.
Therefore, a child born to British parents who are in the U.S. temporarily—for instance, on holiday—would be a U.S. citizen from the moment of birth.
British Citizenship: Inheritance by Blood
The United Kingdom follows the principle of jus sanguinis (right of blood). According to the British Nationality Act 1981, a child born outside the UK automatically acquires British citizenship by descent if at least one parent is a British citizen “otherwise than by descent.” In simpler terms, if one or both parents were born or naturalised in the UK, their children born abroad are entitled to British nationality by descent.
Thus, in the case of a British couple with full British citizenship (not by descent themselves), their child born in the U.S. becomes a British citizen by descent at birth.
What Does “By Descent” Mean?
Being a British citizen by descent means the child is fully recognised as a British national, with the right to hold a British passport, live, work, and study in the UK. However, they cannot automatically pass that citizenship to their own children if those children are also born outside the UK. This limitation may be overcome through registration or residence in the UK, depending on future circumstances.
Administrative Steps for Parents
Parents of a child born in the U.S. to British citizens should take the following steps:
- Obtain the U.S. Birth Certificate from the state where the child was born.
- Apply for a U.S. Passport, which the child is entitled to as a U.S. citizen.
- Apply for a British Passport, providing evidence of the parents’ citizenship and the child’s U.S. birth certificate.
- Consider registering the birth with the UK authorities via the consular birth registration service (optional but helpful for record-keeping).
Dual Nationality: Rights and Responsibilities
Both the United Kingdom and the United States permit dual citizenship, meaning the child may hold passports from both countries without needing to choose between them.
However, there are practical implications:
- Taxation: The U.S. taxes based on citizenship, not just residence. This means the child may have tax obligations to the U.S. even if they live in the UK.
- Travel: The child is expected to enter and exit the U.S. using a U.S. passport, and do the same with a British passport when travelling to or from the UK.
- Military Service and Legal Duties: Dual nationals may be subject to laws and responsibilities in both countries.
Final Thoughts
In summary, a child born in the United States to two British citizen parents generally acquires dual nationality at birth—American by place of birth and British by parentage. While this offers significant advantages in terms of global mobility and identity, it also introduces legal and bureaucratic considerations that parents should address early on.
Understanding the laws of both countries is crucial in planning for the child’s future, especially as they approach adulthood, when questions of tax, residency, and allegiance may become more complex.
For British families abroad, this unique position can be both a gift and a responsibility—offering a world of opportunity, if managed wisely.
You can email krisem via kriskeay1@gmail.com for your immigration queries and free answer like the above.
