To amend the Immigration and Nationality Act to modify the requirements for a child born abroad and out of wedlock to acquire citizenship based on the citizenship of the child's father, and for other purposes.

January 7, 2003

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Immigration and Nationality Act to modify the requirements for a child born abroad and out of wedlock to acquire citizenship based on the citizenship of the child's father, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Father's Equity Act'.

SEC. 2. ACQUISITION OF CITIZENSHIP FOR CHILDREN BORN ABROAD AND OUT OF WEDLOCK TO A UNITED STATES CITIZEN FATHER.

Section 309(a) of the Immigration and Nationality Act (8 U.S.C. 1409(a)) is amended--

(1) in paragraph (2), by adding `and' at the end;

(2) by striking paragraph (3);

(3) in paragraph (4), by striking `while the person is under the age of 18 years--' and inserting `at any time--'; and

(4) by redesignating paragraph (4) as paragraph (3).

SEC. 3. CLARIFICATION REGARDING DECEASED PARENTS OF CHILDREN BORN ABROAD AND OUT OF WEDLOCK.

Section 309 of the Immigration and Nationality Act (8 U.S.C. 1409) is amended by adding at the end the following:

`(d) Nothing in this section shall be construed to preclude a person who is a citizen or national of the United States by virtue of a provision of this section from establishing such status under this title after the death of the person's father, mother, or parents.'.

SEC. 4. EFFECTIVE DATE.

The amendments made by this Act shall apply to persons born out of wedlock who are alive on or after the date of the enactment of this Act.

END