What documentation is required for a Consular Report of Birth Abroad (CRBA) and how is paternity proven in out‑of‑wedlock cases?
Executive summary
A Consular Report of Birth Abroad (CRBA, Form FS‑240) documents that a child born overseas acquired U.S. citizenship at birth and requires proof of the child’s birth, the parent’ U.S. citizenship and identity, and evidence that statutory residency/physical‑presence requirements were met; when the child is born out of wedlock and the U.S. citizen is the father, additional steps and proofs are required to establish paternity and the required commitments under INA Section 309 [1] [2] [3].
1. What a typical CRBA file must contain: identity, citizenship, and birth evidence
A standard CRBA application requires the child’s foreign birth certificate (translated if necessary), proof of the U.S. citizen parent’s citizenship (U.S. passport, birth certificate, naturalization certificate, or prior CRBA), valid photo IDs, proof of the parent’s physical presence in the United States before the child’s birth, and supporting documents for prior marriages or name changes; these documents are submitted via Form DS‑2029/Consular procedures and interview at a U.S. embassy or consulate [2] [4] [1] [5].
2. The special procedural form and evidence when one parent is absent or not a U.S. citizen
If one parent is not a U.S. citizen or the U.S. citizen parent who transmits citizenship is not present at the interview, consular guidance requires completion of Form DS‑5507 (Affidavit of Parentage and Physical Presence) or similar attestations listing U.S. physical presence periods and confirming parental claims; embassies routinely ask the non‑present parent to complete DS‑5507 and the CRBA is not a determination of custody or legal parentage but of citizenship at birth [1] [5] [6].
3. Additional statutory hurdles for children born out of wedlock to U.S. citizen fathers
When the U.S. citizen parent is the father of a child born abroad and out of wedlock, INA Section 309 imposes extra requirements beyond physical‑presence thresholds: the father must provide clear and convincing evidence of a blood relationship; must agree in writing to financially support the child until 18 (unless deceased); and before the child turns 18 the father must acknowledge paternity in writing under oath, the child must be legitimated under domicile/residence law, or paternity must be established by adjudication of a competent court [7] [3] [8].
4. How paternity is proven in practice: affidavits, court orders, DNA, and timing
Paternity may be proven by a written acknowledgement of paternity under oath (often on DS‑2029/DS‑5507 signed before a consular officer), by a court or administrative adjudication establishing paternity (with supporting court records showing the father initiated proceedings and any financial‑support obligations), or by legitimation under local law; while DNA can provide the “clear and convincing” biological link, consular officers and USCIS look for formal legal acts (court orders, sworn acknowledgements, or legitimation) completed before the child turned 18 to satisfy INA 309 requirements [2] [8] [3] [9].
5. Friction points, evidentiary burdens, and practical advice from sources
Guidance and law sources make clear that timing and formality matter: a late court judgement or belated acknowledgement after the child’s 18th birthday may not cure the statutory requirement, and consular officers have discretion to require documentary proof of the father’s written support commitment and physical‑presence records; legal advisers and embassy checklists emphasize assembling identity documents, DS‑5507 affidavits if the father is absent, translated birth certificates, proof of U.S. physical presence, and—when paternity is contested—court orders or DNA evidence plus the formal written agreement to support the child [6] [9] [4] [10].
6. Competing perspectives and institutional incentives to scrutinize evidence
Department of State and USCIS materials stress robust documentation to prevent fraud and ensure statutory criteria are met, framing CRBAs as proof of citizenship but not of custody or parental rights; immigration‑law firms and practitioner guides highlight the practical role of DNA and affidavits yet warn that biological evidence alone may be insufficient without the required sworn acknowledgements or legitimation before age 18—an area where procedural conservatism by consular officers and legal risk‑management by agencies creates delay and extra evidentiary demands for families [8] [9] [11] [3].