Can an Indian Citizen's Child Acquire Canadian Citizenship if Born in Canada?

Yes, a child born in Canada generally acquires Canadian citizenship at birth, regardless of the citizenship status of the parents, under the principle of jus soli. This means that if an Indian citizen has a child in Canada, that child will automatically be a Canadian citizen. However, the child may also be eligible for Indian citizenship under certain conditions.

Eligibility for Indian Citizenship

According to the Citizenship Act of India, an Indian citizen can transmit their citizenship to their child born outside India if the birth is registered with the Indian consulate within a specified period. Thus, the child could potentially hold both Canadian and Indian citizenship simultaneously. It is important to note, however, that India does not recognize dual citizenship in the same way as Canada. If the child later chooses to acquire Indian citizenship, they would need to follow the appropriate legal processes.

Legal and Practical Considerations

The child born in Canada is indeed a Canadian citizen by birth. This fact has been utilized by many expectant mothers from third-world countries in an attempt to secure a pathway to Canada for their offspring when they grow up. Such moves often involve staying in the country for the duration of the pregnancy and obtaining a doctor’s certificate to support the claim. However, the mother herself does not automatically acquire Canadian citizenship through this process. In fact, she must leave the country before her visa expires.

It is also crucial to consider the associated costs. Giving birth in a hospital or birthing clinic in Canada can be very expensive, which must be factored into any decision to travel to Canada for that purpose.

Laws Governing Birth in Canada

According to Canadian nationality law, the general rule is that persons born in Canada on or after January 1, 1947 (or April 1, 1949, for Newfoundland and Labrador residents) automatically acquire Canadian citizenship unless they fall into one of the exceptions listed. For those born before January 1947, automatic acquisition of citizenship would have happened either on January 1, 1947 or April 1, 1949, for Newfoundland and Labrador residents, or on June 11, 2015, if they had involuntarily lost their British subject status before that day.

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Note: This information is subject to change, and it is always advisable to consult current legal sources and professional advice.