# Question o procedure for US Citizen after having child in Spain



## Logic Pro (Jul 17, 2008)

Hi

I am asking ll kinds of questions to know what the legal routes are for people who hold a US passport, have children in Spain and like to live there.

How would one go about that?, say the mom is a EU national, has a child whom the father is a US citizen, what happens next?

Thanks


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## Stravinsky (Aug 12, 2007)

Logic Pro said:


> Hi
> 
> I am asking ll kinds of questions to know what the legal routes are for people who hold a US passport, have children in Spain and like to live there.
> 
> ...


The problem is that your situation seems to be far more complicated with name changes thrown in. I really think you need to seek the help of a lawyer as the situation is so complex


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## Logic Pro (Jul 17, 2008)

Stravinsky said:


> The problem is that your situation seems to be far more complicated with name changes thrown in. I really think you need to seek the help of a lawyer as the situation is so complex


well if you read the other posts yeah, i spoke to a judge who knows about all this and all ready know what to do if i take the "return to the US route" to fix things.

But assume a US citizen has a child in Spain with a EU National, i am asking what do you normally do, i know you go to the US Embassy to register them, but what else?


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## chris(madrid) (Mar 23, 2008)

I'd certainly register the Birth EITHER at the TOWN HALL where you live or the EU Embassy - Actually probably both. Visit US Embassy in Madrid too - if you're here.


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## Logic Pro (Jul 17, 2008)

ok cool

we did the town hall and even spoke to a judge there as well, as no one knows how things are done outside europe for now, thanks

i just have to wait to her from them all, ill post the results


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## Bevdeforges (Nov 16, 2007)

Logic Pro said:


> But assume a US citizen has a child in Spain with a EU National, i am asking what do you normally do, i know you go to the US Embassy to register them, but what else?


This from the US Embassy website:

"U.S. citizens with children who were born outside the United States must register them at the nearest U.S. embassy or Consulate in order to document them as U.S. citizens. American citizens can register the birth of their children born abroad with the Office of American Services as well as obtain a first passport and social security number for newborn children. In the registration process, a Consul determines the eligibility of U.S. citizen parents to “transmit” citizenship to the child. The requirements of U.S. law for the transmission of U.S. citizenship to a child are set forth in section 2 of this document."

And this is what they say about children born out of wedlock:

"Born to a U.S. citizen father and an alien mother

A child born out of wedlock to a U.S. citizen father and an alien mother may acquire U.S. citizenship at birth based upon clear and convincing evidence of paternity. The father must have been physically present in the United States for a period (or periods totaling) five years prior to the child’s birth, at least two of which were after the father reached the age of fourteen years.

In addition, the U.S. citizen father must:

* sign a written agreement to provide financial support until the child reaches the age of eighteen years; and
* make a statement under oath acknowledging parentage, or legitimate the child under the law of the child’s residence or domicile or have paternity of the child adjudicated and established by a competent court. "

There is also a list of the documentation you have to bring with you to register your child. The child must come with you and if you're getting a passport for the child, both parents must be there to sign the paperwork. Oh, and don't forget to have money to pay the fees - it's about $150 to register the birth plus get a passport for a child under age 16.
Cheers,
Bev


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