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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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