ACA position on the Birthright CLAIM Act of 2026

Recently introduced legislation H.R. 9662 (Birthright CLAIM Act of 2026) contains a provision that would reverse forty years of advocacy by ACA on behalf of U.S. citizens overseas and their ability to pass their citizenship to their children born overseas.

Before 1986, a birth abroad to a U.S. citizen-parent required the parent to have been physically present in the USA at least 10 years, 5 of which had to be after age 14 but before the birth of the child for the child to be recognized as a U.S. citizen.  ACA and other overseas organizations advocated to Congress to reduce that physical presence time and legislation was passed in 1986 reducing the time to 5 years, at least 2 of which must be after age 14.   

The provision in Section 2(b) of H.R. 9662 would essentially return us to 1986 calling for the reintroduction of the 10 years of physical presence, 4 of which must be after the age of 14 with the additional requirement that "...3 of which were in the 5-year period immediately preceding the birth of such person [child]."

Such a step backward would erase forty years of progress concerning citizenship rules which ACA advocated for and was instrumental in changing, recognizing the right of U.S. citizens who find themselves living and working overseas to pass their citizenship onto their children born overseas

In addition, Section 3 of H.R. 9662 would introduce a legal requirement for DNA testing to determine paternity. DNA testing might be useful in some cases to prove paternity but should not be used as a general legal requirement.  Current DNA tests, even by approved labs, are subject to errors and not always conclusive.  In addition, the child's citizenship status would be in limbo until such a test could be satisfactorily completed.