David Farrar in Cedartown
Saturday, June 9, 2012 at 9:10 PM

I, too, have seen many references to a 1934 statute allowing the mother to transmit citizenship to the child being born within the jurisdiction of an alien father, under her allegiance, but could not find the actual statute. The closest I was able to find is below dealing with children being born aboard.

Secondly, the statute would be unnecessary due to the 14th Amendment bestowing naturalized citizenship at birth.

ex animo davidfarrar

1934 THE “CITIZENSHIP ACT OF 1934”: On 24 May, Congress makes a major change to the “citizenship law” to now enable U.S. citizen mothers to also transmit U.S. citizenship at birth abroad. But for the first time the law now also creates a new burden by imposing a mandatory “subsequent five year residence requirement” in the United States, prior to reaching age eighteen, and an “oath of allegiance requirement” within six months of the child’s twenty-first birthday, for any child born abroad to parents, one of whom is an alien. The new law states: • "Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of birth of such child is a citizen of the United States, is declared to be a citizen of the United States: but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America.