Canadian soon to be mother with American father..citizenship of baby??

[Meli321]

I am a born and raised canadian soon to be mother and the father of my baby is a born and raised American.
I currently live in Canada and he in the US. I am applying for my green card because I plan to move to the states.
My main problem is whether I should have the baby in Canada or the US. If I were to have it in Canada me and the baby will be covered for health insurance. If I have it in the US then I don't think I will be covered. So I am leaning towards Canada but my thing is if my baby will be a dual citizen? I know if I were to have it in the states it automatically has dual citizenship that I just need to get the papers. How does it work if the baby is born in Canada?

Also if I have it in canada how do I get health coverage for me and the baby (especially) because it will need it's immunization shots while I'm there?

Also forgot to mention that I am Native American so being that my baby will be half Native American as well it will be able to get its green card as well!

 

[eileenf]

I am a born and raised canadian soon to be mother and the father of my baby is a born and raised American.
I currently live in Canada and he in the US. I am applying for my green card because I plan to move to the states.
My main problem is whether I should have the baby in Canada or the US. If I were to have it in Canada me and the baby will be covered for health insurance. If I have it in the US then I don't think I will be covered. So I am leaning towards Canada but my thing is if my baby will be a dual citizen? I know if I were to have it in the states it automatically has dual citizenship that I just need to get the papers. How does it work if the baby is born in Canada?

Also if I have it in canada how do I get health coverage for me and the baby (especially) because it will need it's immunization shots while I'm there?

Also forgot to mention that I am Native American so being that my baby will be half Native American as well it will be able to get its green card as well!

It's almost certain that your baby will have dual citizenship either way. For babies born in Canada with one US citizen parent, "If your child was born on or after 11/14/86, and only one parent was a U.S. citizen at the time of the child's birth, the child may have acquired U.S. citizenship at birth if the U.S. citizen parent was physically present in the USA for periods totaling five years prior to the child's birth, at least two of which where after their 14th birthday."http://canada.usembassy.gov/consular_services/birth-abroad.html

Regarding health care, are you currently registered with your province's health insurance programme & receiving prenatal care? If so, it's very straightforward to register your child with the province after birth. If not, you're almost certainly eligible and should sign up ASAP.

For giving birth is the US, it depends which state you are in, but in most states any pregnant woman is eligible for medicaid (basically cheap/free state health coverage) and babies are often covered up to 9 months? or so?

Be aware though, that there may be exceptions for people who do not yet have their green cards. Check with the state's health & human services department regarding eligibility.

Also, don't forget to take into account your comfort with the system. At the later stages of pregnancy, it's really important to feel like you're in a safe, comfortable space. Navigating a strange hospital, birthing centre & health care system where you might have to fight for coverage or understanding of your situation (especially if you have no health coverage) is far from ideal. Good luck!

 

[Leon]

Do you have a health card in the province where you live? If you don't, you should apply. That means all your health care in Canada will be covered as long as you live in the province at least 6 months a year. If your baby is born in Canada, it will be covered and your baby will also have health care. If you move to the US with your baby, you will have to figure out how to get health care there. Maybe the father of the baby can help you with that.

The baby will be a dual citizen no matter where it is born because it has 1 Canadian and 1 US parent.

 

[Meli321]

Do you have a health card in the province where you live? If you don't, you should apply. That means all your health care in Canada will be covered as long as you live in the province at least 6 months a year. If your baby is born in Canada, it will be covered and your baby will also have health care. If you move to the US with your baby, you will have to figure out how to get health care there. Maybe the father of the baby can help you with that.

The baby will be a dual citizen no matter where it is born because it has 1 Canadian and 1 US parent.

Yes I do have health insurance which is why I've chosen to have it here (I don't have coverage there so it'll probably be expensive to have in the states).
I was just worried about the dual citizenship for my baby because I want to have it love there with the father legally haha
But I'm aware it can get across the border with just a birth certificate and then I can get the papers for citizenship when I get to the states.

Thanks for all of the input I am extremely worrying here but I know it'll be okay

I will be speaking to an immigration officer soon so maybe I can get more info for them.

 

[eileenf]

But I'm aware it can get across the border with just a birth certificate and then I can get the papers for citizenship when I get to the states.

Thanks for all of the input I am extremely worrying here but I know it'll be okay

If your child is born in Canada, you or your partner need to apply for a Consular Report of a Birth Abroad (CRBA) from the US embassy. The link is in my post above. It cost $100. It officially establishes the right to US citizenship for a child born outside the US. It will be much much easier to establish your child's US citizenship if you get this document! Just crossing with the birth certificate and then trying to get the papers for citizenship from the States may end up being a big hassle.

"Parents of a child born abroad to a U.S. citizen or citizens should apply for a CRBA and/or a U.S. passport for the child as soon as possible. Failure to promptly document a child who meets the statutory requirements for acquiring U.S. citizenship at birth may cause problems for the parents and the child when attempting to establish the child's U.S. citizenship and eligibility for the rights and benefits of U.S. citizenship, including entry into the United States."http://travel.state.gov/law/family_issues/birth/birth_593.html


Good luck again and congratulations!

 

[Nattat]

Just a question I am in the same situation.. do you know if you have to be first married to the US citizen first before we can apply for our child, which will be born in Canada but whose father is american and currently living in the US.

 

[neutral]

No, the marriage is irrelevant.

 

[Hershey33]

hey there,
I saw this thread and I am somewhat in the same situation. I am Canadian in the US but I am planning to give birth in Canada. The father are not together and he is not a healthy attribute to this child's life. He currently cannot enter Canada due to past criminal charges but is working with a lawyer to expunge that and has been threatening to come for the child in Canada. I do not plan on putting him on the birth certificate when the baby is born. Can he still come after the baby?? Does he still have any rights??

 

[Alurra71]

hey there,
I saw this thread and I am somewhat in the same situation. I am Canadian in the US but I am planning to give birth in Canada. The father are not together and he is not a healthy attribute to this child's life. He currently cannot enter Canada due to past criminal charges but is working with a lawyer to expunge that and has been threatening to come for the child in Canada. I do not plan on putting him on the birth certificate when the baby is born. Can he still come after the baby?? Does he still have any rights??

Of course he still has rights, even if you don't put him on the birth certificate.

I would urge you to reconsider him not being an attribute for your child. While you and he might not be good together, and that is fine, you can't be sure how he'll be with a child. Every child deserves to know both of their parents. They will grow and learn and make their own decisions.

 

[Buletruck]

A little clarification on what you mean by “come for the baby” might help. If he has been threatening to remove the baby from Canada without your consent, I would report that to the police (documentation would help, recorded phone calls, etc). It would also make it more difficult for him to have his record cleared and to get entry to Canada. If he isn’t listed on the birth certificate, I would imagine he would have to establish parentage through DNA testing. No court will assess him privileges without proof.

 

[Hershey33]

Thank you. this is all very helpful. He has been trying to access a lawyer to expunge his record to become clear to cross into Canada. He has voiced his hopes to attempt to cross the boarder and take the child. Sadly the father has stumbled into a very heavy drug issue and tends to become abusive in many ways while inebriated, which does not always leave him responsible for his own safety, let alone a child. This is my fear.

 

[Hershey33]

Of course he still has rights, even if you don't put him on the birth certificate.

I would urge you to reconsider him not being an attribute for your child. While you and he might not be good together, and that is fine, you can't be sure how he'll be with a child. Every child deserves to know both of their parents. They will grow and learn and make their own decisions.

I appreciate your opinion on the matter, however making a baby is not the same privilege as being a parent in my opinion. As someone who works directly with the child parent social system; I do not wish to perpetuate bad parenting as "a right" just because anyone holds the ability to reproduce. ALL parties are expected to be healthy and positive examples to raise good, successful and contributing humans to this world. Exposing a child to the poor choices of any parent is NOT acceptable by the state or government, therefore I do not feel it being a "responsible parent" to expose a child to such if it can be avoided. As long as a child is surrounded by good positive influences given by the support system around him/her regardless of blood, THAT is where parenting and the privilege to do so lies. Parenting should be an earned right, not a given right. It is not easy nor should it be. We need to be selfless and giving humans to be good parents in a world of "easyouts" and selfish options at our finger tips.

 

[canuck_in_uk]

I appreciate your opinion on the matter, however making a baby is not the same privilege as being a parent in my opinion. As someone who works directly with the child parent social system; I do not wish to perpetuate bad parenting as "a right" just because anyone holds the ability to reproduce. ALL parties are expected to be healthy and positive examples to raise good, successful and contributing humans to this world. Exposing a child to the poor choices of any parent is NOT acceptable by the state or government, therefore I do not feel it being a "responsible parent" to expose a child to such if it can be avoided. As long as a child is surrounded by good positive influences given by the support system around him/her regardless of blood, THAT is where parenting and the privilege to do so lies. Parenting should be an earned right, not a given right. It is not easy nor should it be. We need to be selfless and giving humans to be good parents in a world of "easyouts" and selfish options at our finger tips.

The thing is, you are not the person that gets to decide that. Until the courts legally declare him an unfit parent, he can pursue his rights to the child.

 

[Hershey33]

The thing is, you are not the person that gets to decide that. Until the courts legally declare him an unfit parent, he can pursue his rights to the child.

The thing is, you are not the person that gets to decide that. Until the courts legally declare him an unfit parent, he can pursue his rights to the child.

Actually as the mother; it is exactly all good mothers jobs to do so. And the courts will see that too. My question was In regards to which country it would end up having to take place in. So unless you actually have any legal knowledge with facts on the situation....this conversation is nothing but opinions. I'm looking for legal facts around the issue at hand.

 

[Alurra71]

Actually as the mother; it is exactly all good mothers jobs to do so. And the courts will see that too. My question was In regards to which country it would end up having to take place in. So unless you actually have any legal knowledge with facts on the situation....this conversation is nothing but opinions. I'm looking for legal facts around the issue at hand.

He legally can't cross the border with the baby, that is kidnapping, however you legally can't keep him from seeing the child either. If the baby is born in the US you can't legally take the baby across the Canadian border without the fathers permission.

Parental rights are NOT only restricted to your idea of what a parent should be. They are legally protected and if you want legalities and laws I suggest you speak to a family lawyer and don't ask questions you might not like the answers to on an immigration forum.