The United States is built as an immigrant society and offers unique rights based on the principle of birthright citizenship (Jus Soli). Every baby born in the United States becomes a US citizen directly, regardless of the nationality of the parents. However, this process presents both great opportunities and challenges for families.
Advantages of Giving Birth in the United States of America
1. Birthright Citizenship
- Automatic Citizenship: Every child born on USA soil becomes a USA citizen under the 14th Amendment.
- Future Opportunities: Once the child reaches the age of 21, the family can start the Green Card and even citizenship process.
2. Dual Citizenship and Social Rights
- Possibility of Dual Citizenship: In some cases, dual citizenship is possible.
- Education and Health: American public schools provide access to social security and other public services.
- Ease of International Travel: With a USA passport, you can travel to nearly 160 countries without a visa.
Disadvantages of Giving Birth in America
1. High Birth Costs
- Health care in the USA is very costly, especially during childbirth.
- There can be a big difference between a normal delivery and a caesarean section; in big cities, delivery fees can range from $15,000 to $25,000.
2. Long and Complex Legal Processes
- Obtaining documents such as a post-natal citizenship certificate, birth certificate and social security number may require additional costs and time.
- The legal status of the parents is not immediately affected by the naturalization of the birth child; the family should be prepared for future immigration processes.
3. Language and Culture Differences
- Foreign families who choose to give birth in the United States may face cultural adaptation and language barriers.
Naturalization and Immigration Law
The 14th Amendment to the USA Constitution guarantees that every baby born in America is an American citizen. However;
- Status of Parents: Even if the child becomes a USA citizen, the parents must go through different processes to obtain citizenship.
- Immigration Challenges: It is essential that birth families comply with legal procedures for entry and stay in the United States.
Economic and Social Benefits
The advantages of being born in America are not limited to citizenship:
- Educational Opportunities: Free education in public schools, economic benefits such as citizenship discounts after college.
- Health and Social Security: Access to the American health care system and social security benefits.
- Property and Labor Rights: Individuals who are USA citizens have broad rights to work and own property.
Birth Tourism and Legal Aspects
Birth tourism refers to the temporary travel of pregnant women to the United States for the purpose of childbirth.
- Visa Type: Generally a B2 tourist visa; there is no special visa for the purpose of childbirth.
- Necessary Documents:
- Test and analysis results during pregnancy, ultrasound images
- Previous surgeries or documents related to health status
- Details on travel and accommodation plans
- Legal Process: Families giving birth in the United States of America should plan in detail for entry into the country, hospital selection, postpartum documentation and health insurance.
Health Care and Costs for Childbirth in the United States
Hospital Selection
- Quality of health services, location of the hospital, international patient support and postnatal care services should be considered.
Birth Costs
- There are cost differences between normal delivery and cesarean section.
- Insurance coverage and private health insurance play an important role in reducing costs.
Insurance Options
- Travel medical insurance or temporary medical insurance provides important protection against the high costs associated with childbirth in the USA.
Postpartum Procedures and Legal Status of Parents
- Birth Certificate and Social Security:
- The birth certificate and social security number, which can be obtained for $28, are important documents that document the child’s identity and rights.
- Status of Parents:
- A child born in the USA automatically becomes a USA citizen; however, in order for the parents to gain citizenship, the child must reach the age of 21 and apply for a Green Card through family reunification.
- Birth parents must act in accordance with their legal status and comply with visa requirements.
While giving birth in the USA offers great advantages for both the child and the family, it also brings challenges such as high costs, lengthy and complex legal processes, and cultural adaptation. Proper planning and professional counseling are of great importance in this process, which offers important opportunities in terms of citizenship, education, health and international travel rights.
As Marsan Akguc Law Firm, we provide expert advice on immigration law, birth tourism and all legal procedures related to childbirth in the USA. You can contact us via info@marsanakguclaw.com for any questions and uncertainties that may arise during the process of giving birth in the USA and you can benefit from our free preliminary assessment service.
