A child abroad to a father who is a US Citizen.?

Question

Can women either a just a US Citizen, Dual US Belgium citizen, or just a Belgium citizen who is not a US Citizen go to Belgium for the sole purpose of giving birth if she got pregnant in the USA and the father is A US citizen. The father is listed on the Belgium birth certificate. If she does not want to her child to enter the USA case can she prevent the US State department from issuing a US Passport to her child? In this case either the US State department cannot get the consent of a Belgium court to get the child out of Belgium, or mother gets a court order in Belgium prevent the child be taken betaken outside Belgium. Has the child’s mother committed a crime under US law? If the mother voluntary goes to the US with her child and is not breaking Belgium law, how long can she stay in the USA and be assured the if there is a child custody dispute in the USA, the courts in the USA is required by the Hague Convention to send here child back to Belgium.

Does this also applies if a father a US Citizen, Dual US Belgium citizen, or just a Belgium citizen who is not a US Citizen and goes to Belgium takes his pregnant American girl friend to Belgium on vacation and she gives birth in Belgium and wants to back to the USA with here child. Can he prevent the child from getting a US passport and leave Belgium without committed a crime under US law? If she does take the child to the US with out his consent can he get his child back to Belgium under the Hague Convention?

If two Belgium Citizens with a Green card are involved in child custody dispute in the USA regarding a divorce, one parent wants there children who still have a green to stay in the USA and the other one wants to go back to Belgium with the children. Does the Hague Convention apply in this case?

Answer 1

I am not absolutely clear on the question but I will try to help.

Firstly, if the baby is born in Belgium then he/she may NOT automatically be a US citizen. If he/she has only 1 US Citizen parent, then this parent must have been physically present in the US for 5 years prior to the childs birth. Furthermore, if the parents are unmarried, then the US citizen father must agree to provide support for the child until he/she is 18. Unless every one of these conditions is met, then the child will NOT derive US citizenship and will NOT be eligible for a US passport.

If the child IS eligible for a US passport, then one of the parents can place the child on a register that will prevent the other parent from obtaining a passport for the child. This is to prevent international abduction.

If the child is a Belgian citizen, then there is almost ZERO chance that a belgian court will order the child to be removed to the US. However, if the child is also a US citizen then to visit the US would be unwise in the midst of a custody dispute. Furthermore, if a US court rules that the child should be returned to the US, then keeping the child in Belgium would constitute a crime under US law.

I would seriously advise you to consult a lawyer on this, it looks like a very difficult situation.

Answer 2

Well if the child isn't born in the USA he doesn't automatically get US citizenship (though he will qualify for it). They will have to get it through the parents and the documentation will need to be filed at the US embassy. Usually this paperwork is completed within the first year of the child's birth.

The mother may be able to travel although it would depend on how far along she is with the birth (if she is too far along airlines will decline her as she will be a liability and at more risk if she travels). Being Belgium herself EU/EEA immigration cannot refuse her entry (she can get in from whichever point she likes although there may be some restrictions limiting her movement between the newer countries).

The mother might be able to put an alert on the child with the US embassy. She may need a court order to back this up (although I'm not too sure). The US seems to be getting stricter with underage travel without both parents (I think you need a notarised letter for a child without traveling with both parents).

With all these "what if" senarios you're asking perhaps it would be better to not put the father on the birth certificate. That way if he wants parental custody or any right he will have to go to the courts (which will depend on where the court order is filed, for example if he filed in Texas or Washington and you lived interstate the court order could request that both you and the child come back to the state where the order was filed) or get a DNA order. He may get some right if he helps take care of the child (eg child payments).

The Hague Convention is more for children who have been illegally abducted by one parent without the consent of the other. The Hague Convention doesn't step in until the parents have requested their assistance and the child is already abducted. Both the US and Belgium signed this so if the child was taken by one parent without the consent of the other then they could be brought back.