Status of Illegitimate Child 1948

Immigration Branch

                                                                                                Ottawa, September 3, 1948

Circular #78(B)
To Immigration Officers,
Atlantic District

Subject: Canadian Citizenship Act – Ruling Status of illegitimate child whose father is Canadian citizen

A ruling has been received from the Citizenship Branch concerning the status of an illegitimate child whose father is a Canadian citizen. The case upon which the ruling is based is as follows:-

“A Canadian born citizen was living in the United States out of wedlock with an American born woman. They had an illegitimate child born in the United States. Subsequent to the birth of the child (three weeks thereafter) the parents were married. The father returned to Canada and his wife and child later applied for entry to join him. Our examining officer at the port of entry took the view that the child, having been born out of wedlock, came under Part 1, Section 4, (b) of the Canadian Citizenship Act, deriving citizenship from his mother. Therefore, the child was regarded as an immigrant, of American citizenship, and admitted as such. However, when the facts were submitted to the Citizenship Branch for review the Registrar furnished the following ruling:-

I think it would be right and proper to recognize the child as a Canadian citizen. I note that the Marriage of the parents took place approximately three weeks after the date of birth of the child. We are of the opinion that a marriage under these conditions, wherein the father recognizes, by the fact of marriage, that the child is his own, and that in all probability the laws of the Community in which the child is born would recognize it as legitimate, we should take the view that the child is the legitimate offspring of the father and in consequence should be recognized as a natural born Canadian”.

            The above is furnished for your information in the event that you have to deal with a case of this type.

(Signature illegible)
District Superintendent

Source: Libraries and Archives Canada
 Canadian Citizenship Act and Regulations 1945-1952 (RG76, Volume 519,
 File 801544, part 9, 1947-49)
 Microfilm reel C-10615
Transcribed 2012-05-02