Belgian/ American: what nationality does the baby has?

Question

We would like to know how we can make sure that the baby has both nationalities. My husband is american and I am belgian. Do I have to go give birth in belgium for it to have both nationalities?

I have heard that the baby always has the fathers nationality but not the mothers. Reason why they usually go back to their country.

So how can we do this?

Answer 1

Children born in the United States are considered to be citizens of the United States, as I assume it is that children born in Belgium are Belgian citizens; but I do not know about that since I am not Belgian.  How you'd work the dual-nationality aspect I really don't know; even though it would be clear that your child is Belgian-American by heritage.

PS: I was on holiday in Belgium 2 years ago.  I definitely want to return there.

Answer 2

It doesn't matter where the child is born the system is very similar.

If the child is born in America it automatically gain American citizenship, however you would need to apply for Belgium citizenship with in 5 years (declaration d'attribution/toekenningsverklaring).

If the child is born in Belgium then it will automatically gain it's Belgium citizenship but will have to apply for its American citizenship. The American citizen must have lived in America for over 5 years, of which 2 must have been after 14 years of age. You must then apply for a Certificate of Citizenship at a U.S. consulate or embassy.

It doesn't matter which parent nationality is from which as the child usually gains from either. Until 2006 the UK only passed down citizenship from the mothers side.

Answer 3

http://www.diplomatie.be/en/services/nat...

Answer 4

The baby cannot have two nationalities at birth but after the child is grown perhaps you can go back to Belgium and have it sworn in as a Belgian citizen without having to remove its American citizenship? Then the child will be a citizen of both countries.  I had a friend who was a citizen of the USA and also of Israel.  He received social security checks in Israel.

Answer 5

I think both countries have similar laws. You can have the child in US and he/she will automatically will receive the US citizenship. Then you can apply for the Belgian one. OR you can do this other way around. I am in Canada and here it's different. If either father of mother is a Canadian citizen, then the parents can apply for the citizenship right after birth. For example, a child was born to a father who is Canadian and a mother who is British in UK. The child will have the UK citizenship by birth and if the patents apply for the Canadian one, they will have the dual in about six months. This is because that's the Canadian law. This is what we call, citizenship by decent. I don't know the Belgian law, but if it is similar to the Canadian one, you are better off having the baby in US.