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Family & Newborn Guide

Expat Newborn Registration Guide

Step-by-step guidance for U.S.-born children: U.S. birthright citizenship and passport, foreign citizenship by descent, consular birth registration, OCI, citizenship certificates, and foreign travel documents.

Select Parents' Citizenship / Consular Country

🇮🇳 Indian Citizenship by Descent / OCI Card

A child born in the U.S. may acquire U.S. citizenship under U.S. law and may also qualify for Indian citizenship by descent if the requirements of Section 4 of the Indian Citizenship Act, 1955 are satisfied. Indian citizenship and OCI are different statuses: OCI is available to eligible foreign nationals, while an Indian citizen holds an Indian passport.

Important distinction: A child's citizenship, birth registration, citizenship certificate, passport, and travel document are separate matters. A child may acquire citizenship automatically under a country's nationality law, while still needing a registration or proof-of-citizenship process before a passport can be issued.
Step-by-Step Registration Workflow:
  1. Obtain the child's certified U.S. birth certificate and complete the U.S. passport process as appropriate for the family's circumstances.
  2. If seeking Indian citizenship by descent, register the child's birth with the appropriate Indian consulate under Section 4(1) using the prescribed application and declaration. The official Indian Citizenship Online portal states that the declaration must state that the child does not hold the passport of another country.
  3. Provide the required documents, including the child's birth certificate and the parents' Indian citizenship documents, as required by the Indian consulate.
  4. If the child is a foreign national and qualifies for OCI, apply for the OCI card using the official OCI process. OCI is a lifelong visa/status for eligible foreign nationals and is not Indian citizenship.
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First Priority

First obtain the child's certified U.S. birth certificate. Then handle the U.S. passport and SSN processes as appropriate. Do not assume that a foreign citizenship/passport process must always occur after the U.S. passport process; some countries impose their own citizenship-registration conditions, so check the foreign authority before submitting documents.

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Frequently Asked Questions (FAQ)

Generally yes. U.S. law provides birthright citizenship to persons born in the United States and subject to U.S. jurisdiction. In Trump v. Barbara (June 30, 2026), the U.S. Supreme Court held that children born in the United States to parents who are unlawfully or temporarily present are subject to the jurisdiction of the United States and are citizens at birth under the Fourteenth Amendment. The recognized constitutional exceptions include children of foreign sovereigns or their ministers and certain other historically recognized categories.

For the Social Security number, parents can generally request an SSN through the birth-registration process where that service is available. For a U.S. passport for a child under 16, the child must apply in person using Form DS-11 at an authorized passport acceptance facility or passport agency/center. Both legal parents or guardians generally must appear with the child, unless the applicant provides the alternative consent or custody documentation permitted by the State Department, such as Form DS-3053 when applicable.

A U.S.-born child who is a foreign national can qualify for OCI if the child meets the eligibility requirements under Section 7A of the Citizenship Act. The official OCI portal expressly includes minor children where both parents are Indian citizens or one parent is an Indian citizen, subject to the applicable exclusions and documentation. OCI is a lifelong visa/status for eligible foreign nationals; it is not Indian citizenship and does not provide an Indian passport.

A Chinese Travel Document (旅行证) is used in certain cases involving Chinese nationals traveling internationally. Under Article 5 of China's Nationality Law, a child born abroad to Chinese parent(s) generally has Chinese nationality, but the law contains an exception where the relevant Chinese parent(s) have settled abroad and the child acquires foreign nationality at birth. Whether a U.S.-born child should receive a Travel Document or a Chinese visa therefore depends on the parents' nationality, residence/settlement status, the child's U.S. nationality, and the consulate's determination.

For a child under 16, both legal parents or guardians generally must appear in person with the child when applying for a U.S. passport. If one parent or guardian cannot appear, the State Department requires the applicable consent, custody, or other supporting documentation. Form DS-3053 is commonly used when one parent cannot appear in person and consents to passport issuance.

No. Citizenship, civil birth registration, proof-of-citizenship documents, and passport issuance are separate legal and administrative steps. A country may recognize a child as a citizen at birth but require a citizenship certificate, birth registration/transcription, or other proof before issuing a passport.

Potentially yes, but the foreign citizenship must first be established under that country's nationality law. British citizenship can generally be transmitted by a British citizen otherwise than by descent, subject to the applicable rules. Canada's citizenship-by-descent rules changed on December 15, 2025, and certain children born abroad to Canadian parents born or adopted abroad are now subject to a substantial-connection requirement. Once the child is legally a citizen of the relevant country, that country's passport process is separate from U.S. passport issuance.
Official Government References

• U.S. Department of State — Child Passport: travel.state.gov child passport guidance
• Indian Citizenship Online — Section 4(1): Indian citizenship by descent / birth registration
• OCI Services: official OCI portal
• GOV.UK — British citizenship through a parent: GOV.UK citizenship guidance
• GOV.UK — First child passport: GOV.UK child passport guidance
• Government of Canada — Citizenship changes: Bill C-3 citizenship-by-descent rules
• China National Immigration Administration — Nationality Law: Nationality Law of China
• France Diplomatie — Birth Abroad: French birth declaration/transcription