Q.896 Renounce US citizenship to

retain Indian citizenship . . .

Dear Sir Thanks for all informative posts on your website My baby is born in USA and I am applying for Indian Citizenship/Passport by descent. When I read the rules for section 4(1), noticed that when baby attains full age Indian Citizenship will be ceased if another nationality is not renounced. (Clause 1(A)) Does that mean the decision has to be made at age 18 between 2 Citizenship ? US Citizenship is acquired involuntarily and I think as long as one don't apply for US PP no action needs to be taken at full age and baby does not cease to be Indian Citizen. India cares about Citizenships acquired voluntarily (Section 9) Can you please advise if baby cease to be Indian Citizen at 18 with this clause ? Regards Amrit Answer: Acquiring citizenship voluntarily or not does not apply to a new born child as minor children’s decisions are made by parents. The law allows such children the opportunity to make their own choice when they reach the age of majority. Any person born in the United States is automatically considered to be a United States Citizen as per 14th Amendment to the US Constitution which grants citizenship to all persons born or naturalized in the United States. US citizenship is retained unless it is formerly renounced. Since citizenship cannot be renounced by a minor, India does issue US born children of Indian parents Indian passports if the parents do not opt for American citizenship for their child. However, as per rules in India dual citizenship is not allowed. Hence a child on reaching the age of majority needs to make a choice to either accept US citizenship or Indian citizenship. If Indian citizenship is the choice, then US citizenship must be renounced as per Section 4(1A) in the Citizenship Act, 1955 which states: (1A) A minor who is a citizen of India by virtue of his section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.]

Failure to renounce US citizenship

when holding Indian passport

If a person in the circumstances you describe fails to renounce US citizenship and simply continues to hold an Indian passport, whenever renewal of Indian passport is required the authorities may demand to see the proof of renunciation of US citizenship as place of birth will always show that birth was in the United States of America.