Hypothetical question

Big Daddy

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If a preganant woman, who is neither a citizen of US nor a citizen of Canada, gives a birth to a child on the US and Canadian border (with one leg in the US side of the border and another in Canadian side of the border) then what will be the citizenship of the child?
 

Shallow Throat

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Aug 18, 2001
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Are you really that bored ??? What kind of stupid question is this ??? Why don't you ask if the child will have a split personality while you're at it ?

Nonetheless...who's the father ?
 

Medic

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And will be be a baseball fan or a hockey fan?
 

Medic

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being a New Jersey guy I can proudly say that I'm a Devils fan!

Flame away!
 
E

eyeofthedragon

ok, sorry red but becareful once goober finds out that you are gorgeous and a sens fan - oh man
 

Goober Mcfly

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According to International law:

1. When the kid hits the ground, does he roll towards the US or Canada? Whichever way he rolls will determine his citizenship.

2. If the child remains 50-50 in each country, whichever way he turns his head first will be the determining factor.

3. If the child's head remains stationary, what will happen is a game of chance will need to be played by the leaders of the two countries. Whoever wins that game, gets the child.

4. If the game of chance ends up in a tie, the child will become persona non citiza and be forced to wander the border, spending equal time on each side of the border, but not more than 100 feet (30.48 metres) from it, until the age of 18 at which time he will be shot from a cannon lined up exactly along the international boundary. Wherever he lands (prevailing winds will determine this) is where his citizenship will be.

5. In the event that he lands exactly on the border again, he will be forced to choose between the countries by way of the drawing of lots.

Source: International Treaty of Silly Questions, 1945
 

thecoolguyms72

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Goober Mcfly said:
According to International law:

1. When the kid hits the ground, does he roll towards the US or Canada? Whichever way he rolls will determine his citizenship.

[/i]


Isn't this sort of like a foul ball in baseball?
 

Goober Mcfly

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red-rageous said:
as a 2nd choice of course.
*BZZZZZZZZZZZZZZZ*

Wrong answer. The correct answer was "Only slightly more than smallpox."

Gene, do we have some nice parting gifts? No? Oh well.
 

TravellingGuy

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Big Daddy said:
If a preganant woman, who is neither a citizen of US nor a citizen of Canada, gives a birth to a child on the US and Canadian border (with one leg in the US side of the border and another in Canadian side of the border) then what will be the citizenship of the child?
If the parents are neither US nor Canadian citizens what makes you think t he child would get citizenship in either country? I'm not sure how the hospital would register the child, they don't give birth certificates to non-citizens do they? I believe that when the mother returns to her country of citizenship she would have to apply for a birthcertificate there in order to register the child. I'm no expert but if its different than I think I'd be interested in hearing what the rules are.

Simply being born in a country or on grounds designated as part of a country doesn't automatically make you a citizen does it?
 

TravellingGuy

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OK found some info, its the 14th amendment (US, still havent found anything similar for Canada yet). Of course there is also the proposals to change this amendament, last one proposed April 2003, to change it so that atleast one of the parents must have US citizenship.

My own confusion over it comes with how they handle 'territory', I don't think t hey consider US military bases terroritoy, else I would have been born a US citizen, or perhaps it was my parents choice and they chose to register me Canadian.
 

Big Daddy

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Travelling Guy,


Anyone born in US soil is American citizen. This is one of the reasons why so many Mexican pregnent women cross the border to give birth in US. The citizenship of parents or even how the mother entered US (legal or illegal is irrelavant).

I did not know the Canadian law, but the child is US citizen for sure. The reason I asked this question was that once I saw on TV where someone built a house half in US border and half in canadian side of the border. The person was dual citizen.
 

TravellingGuy

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I've found references to similar laws in canada (ie: child born in canada is canadian citizen), but haven't found the official laws yet. The proposals to ammend the US law are proposed for exactly that reason (ie: people coming into the country to have children).

I read the US amendmant page and its proposals, seems like they've been battling this issue for ages, numerous proposals and none ever make it to the floor.
 

Goober Mcfly

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http://laws.justice.gc.ca/en/C-29/33143.html#rid-33164
Persons who are citizens
3. (1) Subject to this Act, a person is a citizen if

(a) the person was born in Canada after February 14, 1977;

(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;

(c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;

(d) the person was a citizen immediately before February 15, 1977; or

(e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act.

Not applicable to children of foreign diplomats, etc.
(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was

(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

(b) an employee in the service of a person referred to in paragraph (a); or

(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).

R.S., 1985, c. C-29, s. 3; 1995, c. 5, s. 25.

Deserted child
4. (1) For the purposes of paragraph 3(1)(a), every person who, before apparently attaining the age of seven years, was found as a deserted child in Canada shall be deemed to have been born in Canada, unless the contrary is proved within seven years from the date the person was found.

Child born after death of parent
(2) For the purposes of paragraph 3(1)(b) and subsection 3(2), where a child is born after the death of either of his parents, the child shall be deemed to have been born before the death of that parent.

Person born of Canadian parent outside Canada
(3) For the purposes of paragraph 3(1)(e), a person otherwise entitled under paragraph 5(1)(b) of the former Act to become a citizen immediately before February 15, 1977 remains so entitled notwithstanding that his birth is registered, after February 14, 1977, in accordance with the regulations made under the former Act,

(a) within two years after the occurrence of his birth; or

(b) within such extended period as the Minister may authorize after February 15, 1977 or has authorized before that date.

1974-75-76, c. 108, s. 4.
 

TravellingGuy

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Thanks Goober, now to try and interpret it. It does reference children of foreign diplomats as not being eligiable, but it doesn't make reference of other non-citizens, what if the person is in the country illegally?
 

Goober Mcfly

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As I read it, TravellingGuy, as long as the little bugger is born in Canada, he/she's a Canadian Citizen. Regardless of his/her parents' citizenship.
 

TravellingGuy

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Goober Mcfly said:
As I read it, TravellingGuy, as long as the little bugger is born in Canada, he/she's a Canadian Citizen. Regardless of his/her parents' citizenship.
Right, except children of foreign diplomats, now why would that be? Is section 2 only pertaining to foreign diplomats? At first I thought it waas, because of the side bar 'Not applicable to children of foreign diplomats' but then the side bars aren't really part of the law, and there's the 'etc' part.

(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was

The and/or (s) get confusing, the first part 'neither of his parentswas a zitizen or lawfully...' would seem to include illegal entries, however the 'and either his parents was..' which then lists things which seem to pertain only to foreign diplomats.

I'm not arguing it either way, just trying to get an understanding of what the law is.
 
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