Q.1022 US born baby birth

registration - impact on Indian

citizenship

Question: Dear Mr. Chand, I have few questions regarding US born baby birth registration and how it impacts Indian citizenship. I am on an H1B and recently had our newborn baby delivered in U.S and will most likely stay for 3-5 more years in U.S. I was looking at various forums and answers given by knowledgeable people, it seems as if US passport is the only way if we have to travel to India more than once within this timeframe. Having said that, there is also a suggestion that birth registration should be done if at all baby would like to seek Indian citizenship when the baby reaches 18 years. 1. Is there any possibility that we chose Indian passport and still travel to US back and forth unless we seek US passport. In the last para of your answer for Q.912, you mentioned we can seek some entry/exit permits, can you please give little more info on that. 2. Does India allow a choice to choose Indian citizenship at the age of 18, provided the child is willing to renounce US passport?. Are there any conditions associated with that. 3. CGI Houston website mentions that birth registration if done should be under a condition that we never accept other passports until the age of 18, see the below exact extract: "It is mandatory to register birth of a child within one year of its occurrence if the birth has taken place outside India. Registration of birth is contingent on production of a notarised affidavit by both the parents that the minor does not hold the passport of another country nor do the parents intend to obtain passport of another country till the child attains full age." (refer: http://www.cgihouston.org/page/display/61/19). It seems as if birth registration can't be done unless seeking Indian passport and no other passports should be taken (as hinted in question499) . I am entirely sure if what is mention in Q499 is possible - Doing birth registration, getting Indian passport, renouncing it and then at getting US passport and finally India passport at the age 18. Can you please give some more clarity on that. I guess, I want option where baby has the possibility of chosing Indian citizenship when the baby turns 18. Thanks for all the help in advance. Kranthi Kumar Answer: Regarding your questions, I mention that parents would have no option but to seek entry/exit permit as they would not be able to get a US visa for a US born baby. The question numbers you mention are quite old. Q. 499 was posted about five years back. There is a current article on birth registration & acquiring of Indian citizenship for a child born abroad posted on NRI Information which you may find useful. To view the article use the link: http://nriinformation.com/articles6/birth- registration-indian-consulate.htm Here is a document on Indian government website that may be of interest for those with questions related to Indian citizenship rules and birth registration. Visit: http://indiancitizenshiponline.nic.in/acquisition1. htm When on the page, under the heading (2) By Descent (Section 4) Here is an excerpt of what is on the page: • A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period. Procedure Application for registration of the birth of a minor child to an Indian consulate under Section 4(1) shall be made in Form-I and shall be accompanied by an undertaking in writing from the parents of such minor child that he does not hold the passport of another country. Rules stating that it is mandatory to apply for Indian passport when registering birth; is not mentioned. This rule appears to be showing on Indian consulates in USA. All said and done, the government has the prerogative to make and amend rules at any time and applicants have no choice but to follow the rules. [To view current posting on birth registration CLICK HERE]