Consular Services of the United States Department of State.
Plaintiff initiated this civil action in the United States District Court for the Eastern District of Texas. After the defendant moved to dismiss or, in the alternative, to transfer venue, plaintiff filed an amended complaint adding her father, Charlie Miller, as a co-plaintiff. The district court dismissed the claims of plaintiff Charlie Miller and ordered that the case be transferred to this jurisdiction where venue over Lorelyn Penero Miller's claims would be proper. Lorelyn Penero Miller v. Secretary of State, Warren Christopher, No. 6:93CV39, (Order of E.D. Tex., June 2, 1993).
The Fourteenth Amendment provides, "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." U.S. Const. amend. XIV, § 1. Accordingly, plaintiff does not have a constitutional right under the Fourteenth Amendment to acquire citizenship. Moreover, plaintiff's father, Charlie Miller, has no constitutional right to transmit citizenship. Rogers v. Bellei, 401 U.S. 815, 830, 28 L. Ed. 2d 499, 91 S. Ct. 1060 (1971). Plaintiff, therefore, must meet statutory requirements in order to acquire U.S. citizenship.
8 U.S.C. § 1409(a) sets forth the requirements for the acquisition of citizenship by a child born out of wedlock whose father is a U.S. citizen. As originally enacted, the paternity of the child born outside of wedlock to a father possessing U.S. citizenship must have been established by legitimation while the child was under the age of twenty-one. Legitimation could take place under the laws of the child's domicile or that of the father.
In 1986, § 1409(a) was amended and now contains the following provision:
(a) The provisions . . . shall apply as of the date of birth to a person born out of wedlock if -