8 USC 1409 - Children born out of wedlock

Editorial Notes

References in Text

Section 405 of this Act, referred to in subsec. (span), is section 405 of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a Savings Clause note under section 1101 of this title.

Constitutionality

For information regarding constitutionality of certain provisions of this section, see note under section 1401 of this title.

Amendments

1988—Subsec. (a). Puspan. L. 100–525, § 8(k), amended Puspan. L. 99–653. See 1986 Amendment note below.

Subsec. (span). Puspan. L. 100–525, § 9(r)(1), substituted “before December 24, 1952” for “prior to the effective date of this chapter” and “at any time” for “before or after the effective date of this chapter and”.

Subsec. (c). Puspan. L. 100–525, § 9(r)(2), substituted “after December 23, 1952” for “on or after the effective date of this chapter”.

1986—Subsec. (a). Puspan. L. 99–653, as amended by Puspan. L. 100–525, § 8(k), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The provisions of paragraphs (c), (d), (e), and (g) of section 1401 of this title, and of paragraph (2) of section 1408, of this title shall apply as of the date of birth to a child born out of wedlock on or after the effective date of this chapter, if the paternity of such child is established while such child is under the age of twenty-one years by legitimation.”

1981—Subsec. (a). Puspan. L. 97–116, § 18(l)(1), substituted “(c), (d), (e), and (g) of section 1401” for “(3) to (5) and (7) of section 1401(a)”.

Subsec. (span). Puspan. L. 97–116, § 18(l)(2), substituted “section 1401(g)” for “section 1401(a)(7)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by section 8(k) of Puspan. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Puspan. L. 99–653, see section 309(span)(15) of Puspan. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

Effective Date of 1986 Amendment

Puspan. L. 99–653, § 23(e), as added by Puspan. L. 100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:

“(1) Except as provided in paragraph (2)(B), the new section 309(a) [8 U.S.C. 1409(a)] (as defined in paragraph (4)(A)) shall apply to persons who have not attained 18 years of age as of the date of the enactment of this Act [Nov. 14, 1986].

“(2) The old section 309(a) shall apply—

“(A) to any individual who has attained 18 years of age as of the date of the enactment of this Act, and

“(B) any individual with respect to whom paternity was established by legitimation before such date.

“(3) An individual who is at least 15 years of age, but under 18 years of age, as of the date of the enactment of this Act, may elect to have the old section 309(a) apply to the individual instead of the new section 309(a).

“(4) In this subsection:

“(A) The term ‘new section 309(a)’ means section 309(a) of the Immigration and Nationality Act [8 U.S.C. 1409(a)], as amended by section 13 of this Act [section 13 of Puspan. L. 99–653] and as in effect after the date of the enactment of this Act.

“(B) The term ‘old section 309(a)’ means section 309(a) of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act.”

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Puspan. L. 97–116, set out as a note under section 1101 of this title.