Registering a Child Born Abroad as US Citizen
A child born outside the
The Consular Section will not be able to accept any report of birth applications March 18 - April 10, 2014. Please note that in case of imminent travel plans, a passport application can be submitted without registering the child first. Please conatct the Consular Section directly for more details.
To report the birth of a child, personal appearance both of the American parent and the child is required in front of a U.S. Consular Officer. The parent reporting the birth of a child must complete an “Application for a Consular Report of Birth Abroad”, DS-2029. We recommend that you fill in an application for a social security number (SS-5) as well, which will be forwarded to the Social Security Administration. It is available at www.ssa.gov
The supporting documents listed below must be presented:
1) The child’s
2) Evidence of U.S. citizenship of the parent(s). A U.S. passport or U.S. birth certificate (must be presented with an identifying document) is acceptable. The non-US parent has to present passport/national identity card as well.
3) Evidence of marriage if applicable: if marriage took place in the United States, the original (as opposed to a religion certified document) of the parents’ marriage certificate. If the marriage took place in Luxembourg or elsewhere other than the U.S., the original marriage certificate or a family book is acceptable.
4) If the child was born in wedlock, evidence of dissolution of any previous marriage(s) of the parent(s), if applicable (divorce record or decree). The original or a certified copy is required.
The American parent must be able to provide proof of physical presence in the U.S. as explained below:
A. Children born in Wedlock
1) Born to two
If either parent has resided in the
2) Born to one
The U.S. citizen parent must have been physically present in the United States for a period (or periods totaling) five years prior to the birth of the child, at least two years of which were after the U.S. citizen parent reached the age of fourteen years. If this requirement is met, the child acquires
B. Children Born out of Wedlock
1) Born to a
The U.S. citizen mother must have been physically present in the
The 1966 amendment to section 301 INA allowing members of the U.S. armed forces, employees of the U.S. Government and certain international organizations, and their dependents to count certain periods outside the United States as U.S. physical presence does not apply to section 309(c) INA. For this reason, the mother of a child born out of wedlock cannot use time spent abroad as a military dependent, for example, to satisfy all or part of the requirement of continuous physical presence in the
2) Born to a U.S. citizen father and an alien mother
In November 1986, the United States Immigration and Nationality Act was amended to permit a child born out of wedlock to a U.S. citizen father and an alien mother to acquire U.S. citizenship at birth based upon clear and convincing evidence of paternity. The father must have fulfilled the appropriate physical presence requirements under Section 301(g) of the United States Immigration and Nationality Act (ten or five years of physical presence as explained).
In addition, the
Sign a written agreement to provide financial support until the child reaches the age of eighteen years;
Make a statement under oath acknowledging parentage, or legitimate the child under the law of the child's residence or domicile; or, have the paternity of the child adjudicated and established by a competent court.
C. Burden of proof rests solely upon the applicant(s).
The American citizen parent should bring as much evidence as possible of his/her physical presence in the
In addition to periods of physical presence in the
(1) Service in the
(2) Service as a U.S. Government employee;
(3) Service with a qualifying international organization; or
(4) Periods of time as a dependent unmarried son or daughter and member of the household of someone to whom any of the first three types of service applies.
Discharge papers and military service records (DD-214) can be requested from the National Archives .
For all documents in a language other than English, German or French, an English translation may be required. Original documents will be returned, with the exception of the child’s
We recommend that you apply for your child’s first passport at the same time. More information about forms and photo requirements is available on the Embassy's website at http://luxembourg.usembassy.gov/passports.html. Please fill in the application form DS-11 but do not sign yet. The passport fee for a child is $105, or equivalent in Euros (major credit cards will be accepted as well).
The child and both parents have to be present at the Embassy when applying for the child’s passport.
We encourage both parents to come to the Embassy and sign the child’s application in front of the Consular officer. If this is not possible, the non-present parent has to submit a signed and notarized statement of consent in English and a copy of his/her passport. This statement can be notarized at no charge at a U.S. Embassy or Consulate abroad. Statements notarized by foreign officials (e.g. the ‘commune’ of residence in
Special family circumstances (e.g. sole legal custody) may allow one parent to sign the application form without the consent of the other parent.
Hours for registration of birth and passport services are Thursday, 8:15-11am and 1:30-3pm (walk-in) and Tuesday 1:30-3pm (by appointment). Please call the Consular Section in advance at 460123-2225 or 2226 to confirm a convenient date and time.
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