US Code

Public Law 119-73 (01/23/2026)

8 U.S.C. § 1409

Children born out of wedlock

(a)
section 1401 of this titlesection 1408 of this title The provisions of paragraphs (c), (d), (e), and (g) of , and of paragraph (2) of , shall apply as of the date of birth to a person born out of wedlock if—
(1)
a blood relationship between the person and the father is established by clear and convincing evidence,
(2)
the father had the nationality of the United States at the time of the person’s birth,
(3)
the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4)
while the person is under the age of 18 years—
(A)
the person is legitimated under the law of the person’s residence or domicile,
(B)
the father acknowledges paternity of the person in writing under oath, or
(C)
the paternity of the person is established by adjudication of a competent court.
(b)
section 1401(g) of this title Except as otherwise provided in section 405 of this Act, the provisions of shall apply to a child born out of wedlock on or after , and before , as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
(c)
Notwithstanding the provision of subsection (a) of this section, a person born, after , outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

June 27, 1952, ch. 47766 Stat. 238Pub. L. 97–116, § 18l95 Stat. 1620Pub. L. 99–653, § 13100 Stat. 3657Pub. L. 100–525102 Stat. 2617(, title III, ch. 1, § 309, ; (), , ; , , ; , §§ 8(k), 9(r), , , 2621.)

Editorial Notes

References in Text

act June 27, 1952, ch. 477, title IV66 Stat. 280section 1101 of this titleSection 405 of this Act, referred to in subsec. (b), is section 405 of , , which is set out as a Savings Clause note under .

Constitutionality

section 1401 of this titleFor information regarding constitutionality of certain provisions of this section, see note under .

Amendments

Pub. L. 100–525, § 8(k)Pub. L. 99–6531988—Subsec. (a). , amended . See 1986 Amendment note below.

Pub. L. 100–525, § 9(r)(1)Subsec. (b). , substituted “before ” for “prior to the effective date of this chapter” and “at any time” for “before or after the effective date of this chapter and”.

Pub. L. 100–525, § 9(r)(2)Subsec. (c). , substituted “after ” for “on or after the effective date of this chapter”.

Pub. L. 99–653Pub. L. 100–525, § 8(k)section 1401 of this title1986—Subsec. (a). , as amended by , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The provisions of paragraphs (c), (d), (e), and (g) of , and of paragraph (2) of section 1408, of this title shall apply as of the date of birth to a child born out of wedlock on or after the effective date of this chapter, if the paternity of such child is established while such child is under the age of twenty-one years by legitimation.”

Pub. L. 97–116, § 18l1981—Subsec. (a). ()(1), substituted “(c), (d), (e), and (g) of section 1401” for “(3) to (5) and (7) of section 1401(a)”.

Pub. L. 97–116, § 18lSubsec. (b). ()(2), substituted “section 1401(g)” for “section 1401(a)(7)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

section 8(k) of Pub. L. 100–525Pub. L. 99–653section 309(b)(15) of Pub. L. 102–232section 1101 of this titleAmendment by effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, , see , set out as an Effective and Termination Dates of 1988 Amendments note under .

Effective Date of 1986 Amendment

Pub. L. 99–653, § 23(e)Pub. L. 100–525, § 8(r)102 Stat. 2619

“(1)
8 U.S.C. 1409(a) Except as provided in paragraph (2)(B), the new section 309(a) [] (as defined in paragraph (4)(A)) shall apply to persons who have not attained 18 years of age as of the date of the enactment of this Act [].
“(2)
The old section 309(a) shall apply—
“(A)
to any individual who has attained 18 years of age as of the date of the enactment of this Act, and
“(B)
any individual with respect to whom paternity was established by legitimation before such date.
“(3)
An individual who is at least 15 years of age, but under 18 years of age, as of the date of the enactment of this Act, may elect to have the old section 309(a) apply to the individual instead of the new section 309(a).
“(4)
In this subsection:
“(A)
8 U.S.C. 1409(a)section 13 of Pub. L. 99–653 The term ‘new section 309(a)’ means section 309(a) of the Immigration and Nationality Act [], as amended by section 13 of this Act [] and as in effect after the date of the enactment of this Act.
“(B)
The term ‘old section 309(a)’ means section 309(a) of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act.”
, as added by , , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–116section 21(a) of Pub. L. 97–116section 1101 of this titleAmendment by effective , see , set out as a note under .