98 S. Titshaw citizenship to children conceived through ART. While current versions of ius sanguinis are inadequate to deal with other ART issues, that problem can be corrected. And, as Jannis Panagiotidis points out, abandoning ius sanguinis because of this inadequacy would be like ‘throwing the baby out with the bathwater’. Most children are still conceived through sexual reproduction rather than ART, and many of their families would be worse off without ius sanguinis. An example is easy to imagine. Let’s say an Indian couple moves every seven years for employment reasons. They obtain residence permits, but not citizenship, in South Africa, the United Kingdom, and the United States, in turn. They also have a child in each country. Under ius soli regimes with no ius sanguinis rules, the children of these Indian parents would each have different passports (from South Africa, the UK, and the US). This might pose no problem in the short term. But what happens if a parent dies or loses his job? Under a ius sanguinis regime, the surviving family members would be able to enter India and remain there together permanently as citizens.1 Dumbrava argues that such common citizenship is unnecessary to recognise and cement parent-child relationships if children of citizens have ‘full migration rights. But ‘migration rights’ or benefits are substantially less stable than citizenship rights. What if a non-citizen family member becomes deportable because he or she commits a crime?2 What if both Indian parents die while the children are minors? Without ius sanguinis, the children with their different nationalities might not be allowed to remain together anywhere, let alone in India where their extended family members (grandparents, aunts and uncles) most likely live. Dumbrava’s proposal of a universal legal status for all children would ameliorate some of these problems, but only until each child reaches the age of majority. At that time they might be separated from their parents and siblings. 1 2 India would have automatically recognised these children as Indian citizens through 2004; it still recognises a greatly eased path to apply for citizenship in this context. http://www.loc.gov/law/help/citizenship-pathways/india.php While hardship of citizen relatives is sometimes considered, US immigration law generally requires removal of non-citizens who commit any of a long list of criminal infractions. 8 USC §1227(a)(2). https://www.law.cornell.edu/ uscode/text/8/1227

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