Dilemma whether to have baby delivery done in US or India

[ssssgm]

I am here on H1B with my wife and daughter(born in India). Have sufficient time on H1B. H1B first 3 yrs would be over in Sep 08 and can be extended for another 3 yrs.

1. My wife is pregnant with 24 weeks(Due in Jan'08-1st wk). We are in dilemma whether to have delivery done in US or India.

2. I dont have long term plans to stay in US i.e. to get Green card or citizenship. My first daughter is born in India and she is 5 yrs old.

What are the advantages and disadvantages of having my child born in US ? Could you throw some light on them.

My concerns are:

1. If my child is born here he/she will become US Citizen, but now that I would be going back to India in next 2-3 yrs, he/she will study in India. But would have NRI status. For NRI students, cost of education is many times higher in India, as compared to other Indian Citizens. Right from initial schooling to higher educaton e.g Engg, Medical. Also in future, there would be a lot of competition to get admissions in NRI quota because seats would be limited even though you are paying much higher. Obviously, as I would be in India and earning in Indian Rupees. That would be a costly affair for me.

2. At the same time, I wonder, by having delivery NOT done in US, am I not wasting an opportunity for my child?

3. It may be over-reacting, but will it not create a kind of divide between two children in long term as my daughter is Indian Citizen and second child would be US Citizen?

I want to make an informed decision so that I can do best for my family's interest.

Your expert suggestions/experience sharing would be greatly appreciated.

[kashya]

We are sailing in the same boat, but anytime you can change the citizenship since parents are indians.

[ssssgm]

But I heard that decision ( whether to take Indian citizenship or continue US citizenship) can be made only at the age of 18 ?...Any idea about it

[Sujataprb]

Hi all ,

Please any could put some more light on this , we are also going through same dilemma.

[ssssgm]

I was expecting replies on this subject...as many of us are in the same boat :( At least from senior members like Murali, Simran etc. who seems to have quite experience in this area ;)

[sthota]

Did you search for old threads. I remember reading a few thread about the same topic.

Cheers

[Sujataprb]

Hi,

While searching on net I just found out one thing ....thru this link

A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

refer to link under section 4 :

http://mha.nic.in/citizenship/acquisition.htm

but still this is jus not a convincing answer ......if any one can highlight more on this will be a gr8 help ...esp who have already gone through it....

[eparthiban]

Hi,
If you are going to have Kid here then the kid becomes US citizen and will get US Passport , you cannot change your child citizen ship .
Child should decide upon the citizenship at the age of 18 , until that time the child citizen ship will be US and cannot be changed.

If the Kid is a foreign national then the Educational fees in India will be higher , again it depends on the school , when going to college sure it will be costlier , some thing like a fee collected for NRI.

[Sonymathur]

Hi SSSSgm and others who are in same boat,

If you have made any Informed descion please let me know.... Even I'm sailing in same boat....

Actually after seeing ur Query only I fall into dilema :)

Thanks,
Sony

[simran]

I will suggest to think which country will be better in 20 yrs. India or US. Its ur way of thinking, if u think india is better then US then u can go for indian citizenship for both.
u need to think about ur kids future, where they can have better life, have a good future. once ur kids becomes adult, u can explain the reason and they will understand.

[gcadvice]

I think there is a option of dual citizen ship for your kid...so it's better to give birth in US to get US citizenship for your kid and later apply for dual citzenshipd sometime later...since your kid may question later ,having a oppurtunity , she or he has been denied US citzenship..

[undibhaskar]

We are also sailing in the same boat convincing answers will be really appreciated.

[motha_manus]

Me and my wife were in the same situation about a year back when we found out that we're going to be parents.

Here are some points that we discussed, and finally decided to move back to India to have our child:

IF BORN IN USA (US Citizen)
1. CITIZENSHIP:
a. The child will be a US citizen
b. Child's citizenship cannot be changed until the child is 18 years old.
c. Though India allows child to be registered as an Indian citizen (source: official MHA site), US doesn't allow change of citizenship (source: INS website)
d. Child is NOT eligible for OCI if both parents are Indian citizens (source: official MHA site)

2. LIVING IN INDIA:
a. Child should apply and get admitted in NRI/Foreigner category for all education in India
b. Child (on attaining majority) will not have right to vote, contest for elections, or hold a government official post (no govt. jobs)
c. Child will have to report to Police (FRRO) if staying beyond six months
d. Child cannot be added to your ration card, and will NEVER get any national benefits (which are available only to Indian citizens) (I am not considering ration cards which are obtained illegally by paying a bribe, where you can do almost anything!)

3. RESTRICTED MOVEMENT IN INDIA:
a. Child cannot visit areas such as certain areas in North-eastern states, Jammu and Kashmir, Andaman and Nicobar Isl. without prior permission of state authorities

4. WORST-CASE SCENARIOS
a. In case of any domestic calamity in India (natural or non-natural) like War, etc. if the US decides to evacuate all US citizens, the child will be taken away from you
b. In case of souring of diplomatic relations between US and India (highly unlikely), child may have problems living in India

WHAT'S THE WAY OUT?
a. Have the child in India if you are sure you will not live in the US forever
b. Have the child in US if you are a immigrant / prospective immigrant.

WHAT DID WE DO?
Our son was born in India, and is now an Indian citizen.

ARGUMENTS FOR HAVING A US CITIZEN CHILD:
a. No need for visa to US and most caucasian-ruled countries (read: Europe, Canada, Australia, etc) -- my counterpoint -- if we got a visa to the US, the child can too.
b. Benefits in case child wants to study in the US -- my counterpoint -- the F1 visa is available for the exact same purpose

Besides the above points, the biggest benefit of having a child in India is the kind of family and logistical support that you would receive during the initial days/months.

All the best to all of you. I hope my two cents are a valuable enough input for you to take a decision.

NOTE: THIS IS NOT LEGAL ADVICE. PLEASE CONSULT A QUALIFIED ATTORNEY.

[raajcl]

I agree with Motha Manus... Even we are having the baby in India... Who knows what will happen after 18years :)

The Strong points that I believe:

- You will get good support from family - before, during & after delivery in India.
- Your kid will get very good primary education in India. Which is very important..
....
....

[Sujataprb]

I think there is a option of dual citizen ship for your kid...so it's better to give birth in US to get US citizenship for your kid and later apply for dual citzenshipd sometime later...since your kid may question later ,having a oppurtunity , she or he has been denied US citzenship..

hi,

I would like to add one thing since I am being searching on this a lot and came to know that though US allows dual citizenship , Indian government does not permit dual citizenship.