Can a Canadian Give Birth in the U.S. So Their Child Gets Citizenship? Here's What You Need to Know
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For many Canadian families, the idea of giving birth in the United States comes with a compelling benefit: automatic U.S. citizenship for the child. But is it that simple? And more importantly, will U.S. border officers let a Canadian citizen into the country just to give birth?
Let’s break it down.
✅ Yes, a Child Born in the U.S. Is a U.S. Citizen
Under the 14th Amendment of the U.S. Constitution, any child born on U.S. soil is automatically a U.S. citizen, regardless of the parents’ citizenship or immigration status. This is called birthright citizenship.
So, if a Canadian couple travels to the U.S. and gives birth there, the child will be a dual citizen—American by birth and Canadian by descent.
Sounds simple? Not quite.
❓ Will a U.S. Border Officer Allow Entry for Giving Birth?
The short answer: Maybe—but it's not guaranteed.
U.S. Customs and Border Protection (CBP) officers have full discretion at the port of entry. If they believe you're coming to the U.S. solely to give birth and haven’t properly disclosed it or prepared for it, they can deny entry.
This is especially true if:
- You fail to disclose your intent to give birth in the U.S.;
- You are in your final trimester, and travel appears medically risky or suspicious;
- You lack financial means to pay for delivery and postpartum care;
- You cannot demonstrate a clear intention to return to Canada afterward.
🇨🇦 What About Canadian Citizenship?
The baby will automatically be a Canadian citizen by descent if at least one parent is a Canadian citizen at the time of birth. You’ll simply need to apply for a proof of citizenship certificate and a Canadian passport after birth.
So in the end, your baby will enjoy the benefits of dual citizenship—but only if you handle the process with transparency and planning.
Final Thoughts
Giving birth in the United States can be a strategic decision for Canadian families—but it’s not without risk. The key is to prepare thoroughly, be transparent at the border, and have the financial and logistical pieces in place.
The border officer's decision is final, so don’t take entry for granted. Seek advice, organize your documentation, and ensure your intentions are clear and lawful.
Please note: ImmiSight does not provide legal services and is not a law firm. All information provided through our platform is for general guidance and informational purposes only and should not be considered legal advice. For legal matters, we recommend consulting with a licensed immigration lawyer or consultant.