Citizenship of the baby, is it a Pilipino or an American?

@cupcyke (363)
Philippines
March 17, 2009 7:11pm CST
I heard this conversation on my best friend. her friend also had an American friends which is newly wed. they plan to visit their friend in Philippines but in their visit to Philippines they plan also to stay long time to the country. As the months goes by they blessed to have a baby boy. im just confusing of the citizenship of the baby, is it Pilipino or American? because the law of our country citizenship of a person based on where he/she was born. in America it is by blood even if you're born in their country your citizenship must based on the nationality of your parents. can you please insert more further explanation to this discussion? thanks...
3 people like this
14 responses
@rsa101 (15467)
• Quezon City, Philippines
18 Mar 09
As far as I understand you have it mixed up. For a person to become a Filipino Citizen the person must have at least one Filipino parent. If he is born here in the Philippines but has no Filipino Parents he is not a Filipino Citizen. That is the reason why many Filipino would love to have their children born in US because in US when a child is born there they can be considered as US citizen already but if they are Filipino they can have dual citizenship since our laws said that it automatically gets the citizenship of the parent. In answering your query, unless the couple who is staying here applies to be naturalized Filipino Citizen can their child be considered as Filipino Citizen. Their child is still American Citizen since the parents are US Citizen and they have not appplied for in our country to be converted to Filipino Citizens.
1 person likes this
@pmcepe (194)
• Philippines
18 Mar 09
I agree with your explanation. This is the correct and complete interpretation.
@cupcyke (363)
• Philippines
18 Mar 09
hello to all myLotters who answered my discussion thanks for the response. yes your right i mixed it up. i didn't recognized it at first.
@evsoriano (166)
• Philippines
18 Mar 09
afaik, the baby will be a filipino citizen since the baby was born on the philippines and was registered here in the philippines. but the baby can choose his/her citizenship by the age of 18.
1 person likes this
@cupcyke (363)
• Philippines
18 Mar 09
thanks for your response, i had a mistake regarding on my explanation. im really sorry.
• Philippines
18 Mar 09
Hey there! I was born in the U.S but both of my parents are Filipino. Since I was born there, I became an American Citizen. They don't base your citizenship on the nationality of your parents. Here though, it's the opposite. They base citizenship on your parents' nationality, as stated by someone above.
1 person likes this
@cupcyke (363)
• Philippines
18 Mar 09
hello, im really sorry for my explanation. i mixed it up, i didn't recognize it at first. thanks for the response.
@nympha687 (940)
• United States
18 Mar 09
I think you had it mixed up. In america it's jus soli, meaning the citizenship is acquired by the place of birth. So if you were born in America, regardless of the nationality of your parents, you are still American. In the Philippines, it's jus sanguinis or citizenship by blood. If one of your parents is a filipino, no matter where you are born, you are a filipino. For those babies born of Filipina mothers, they have an option to choose their citizenship at the age of 18 but until then, they are still Filipino. I hope this clears it.
1 person likes this
@cupcyke (363)
• Philippines
18 Mar 09
hello there, im really sorry for my explanation. yes i mixed it up, i inverted the laws of the two country. am really sorry. happy mylotting.
@kissie34 (2296)
• Philippines
18 Mar 09
There is this called "Dual- Citizenship".. The baby has two citizenship, American and Pilipino.. As what I remember in my political science subject, if you are a Filipino in blood, wherever you was born for as long as your parents are Filipino Citizen then definitely you are also a Filipino citizen.. Its actually stated in the 1987 constitution.. Well, I really don't have an idea about the law in America, so far as I remember in the explanation of my teacher in PolSci, he said that when a person was born in America and the parents are not American in blood or not a American Citizen, that person can have a citizenship in America, it means she/he has a Dual-Citizenship.. In the case of your friend,if one of the parent of the baby has a blood of Filipino then the baby is therefore a Filipino Citizen but if their parents are not I think they will check the stability of the parents whether they live in the Philippines for the minimum years stated in the constitution.. On the other hand, I think automatically the child is an American citizen since his/her parent/s is/are American Citizen.. Well, you can correct me if I'm wrong.. This were just the memory that I have in my Political Science Subject..
@cupcyke (363)
• Philippines
18 Mar 09
thank you for your response. of all the response i read i learned a lot about the laws like Dual-citizenship and jus sulis and jus sanguinis. thanks again.
@Yori88 (1468)
• Philippines
18 Mar 09
Under the Philippine Constitution, a natural-born Filipino citizen is a person born of one or both parents who are Filipino citizens at the time of birth. A child born of parents who are both Filipino citizens (at the time of birth) in a country that adheres to the jus soli principle (e.g., the United States) is a dual citizen. The child, who is a natural-born Filipino because the Philippines adheres to the jus sanginis principle, is also entitled to apply for a US passport. Jus soli (right of soil) is the legal principle that a person's nationality at birth is determined by the place of birth (i.e., the territory of a given state). Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. A child born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (e.g., Australian) whose country adheres to the jus sanguinis principle is a dual citizen and is entitled to apply for both Philippine and Australian passports. A child born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (e.g, Australian) whose country adheres to the jus sanguinis principle in a country that adheres to the jus soli principle (e.g., US) would be entitled to apply for Philippine, Australian and US passports. Hope that helps! Source: http://www.gov.ph/faqs/dualcitizenship.asp
@cupcyke (363)
• Philippines
18 Mar 09
i learned a lot on your response. thank you a lot. i will remember those laws always. thanks again.
• Singapore
18 Mar 09
The baby is eligible to both Philippine and American citizenship, in fact the baby will be allowed to hold dual citizenship. It's not applicable to all countries, but both the US and the Philippines allow their citizens to hold dual citizen status, provided it's legal of course.
@cupcyke (363)
• Philippines
18 Mar 09
thank you for your response. for me he is filipino, we are in different opinion but whatever our answer is they are both correct. thanks again.
@MissAmie (720)
• United States
19 Mar 09
If one or both of your parents are american, then so are you. As far as children born on foreign soil, they have dual citizenship if I'm not mistaken. I could be wrong, but I'm fairly sure that's how it works.
• United States
18 Mar 09
This is a good question. I would assume that technically the child would be a citizen of the Philippines, since that is where they are born. However, because both parents are American citizens, I think that qualifies the child for dual citizenship. I've never encountered this situation, so I can't be sure, but just thinking about technicality, I would say the child might be considered a non-American citizen, but they could probably get that overturned upon returning to the US if they wanted.
@emilie2300 (1892)
• United States
18 Mar 09
I belive in the united stated If a child is born hear it is automatically a citezen. If the child is born in another country then the child has citizenship in that country. I am sure thats how it works cause I had a forien family that I knew that was not a Citezen of the United States but there child was because she was born hear and the parents were not. Hope this helps you a little bit.
@maean_19 (4662)
• Philippines
18 Mar 09
Here in the Philippines, the Law about the citizenship of a baby born should follow the citizenship of the parents. We fundamentally follow the citizenship by blood. Therefore, if the parents are Filipino citizens, certainly the child born will also be a Filipino citizen regardless of where he was born.
• China
18 Mar 09
I am not sure about that in Filipine. But in China, the child will be American. Usually, a baby can't get a Chinese citizenship unless his/her parents have Chinese "Hukou"(at least one of them).
@sassy28 (835)
• United States
18 Mar 09
I was born in the UK, my father was American and my mother English. I have a dual citizenship, I have birth certificates from both countries. I mainly consider myself American since I have lived here since I was two. I can choose if I wish to become an English citizen, but once I make that choice I can no longer be an American citizen. I would have to get a green card to live here.
@mobhomeir (7565)
• Philippines
18 Mar 09
My knowledge of this is just limited. What I knew is, once the baby is born in a foreign land, the baby got automatically her/his citizenship of that foreign land. In the Philippines of course the baby automatically born Filipino citizen...