Princess Madeleine to give birth in the US

The Swedish court announced that Princess Madeleine would (after discussion with her husband and the King and Queen) give birth in the US.  – Information regarding Princess Madeleine – Sveriges Kungahus.

It raises some questions on citizenship, and right to the Swedish throne.

Since Chris O’Neill did not take Swedish citizenship at the time of the wedding, we would anyway have had this discussion now.

Unlike the other foreign-born spouses to royals, Queen Silvia, Queen Maxima, Prince Henrik, Prince Claus, Prince Philip, the Duke of Edinburgh, Crown Princess Mary, Hereditary Grand Duchess Stephanie, who have either received citizenship of their new country upon marriage (or because of it), or, like the Duke of Edinburgh – through the Sophia naturalisation act of 1705, Chris is still maintaining his double UK/US Citizenship.

Back in June, I wrote a post on the citizenships of Madeleine’s potential children. In both of Chris’ and Madeleine’s citizenships, it does not matter where in the world the child is born – it still has a right to both British, American and Swedish citizenship.  The British and American ones would involve some paperwork from the parents if the child is born abroad.

Now the child will be born in the States.

What I didn’t take into account in that post was Madeleine’s potential diplomatic status.  If she is regarded as

employed in a diplomatic or other official capacity by a foreign power

and her child will enjoy that diplomatic status as well – the child will not get automatic US citizenship even if it is born on US soil.  The diplomatic immunity ensures it.

From the 14th amendment:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

There is a bit of an unclear practice on this in the US, though.

These two blog posts from the US Center for Immigration studies provides more reading on the point.

Children of diplomats

Birthright citizenship for children of foreign diplomats?

All this hinges on Princess Madeleine’s diplomatic status. And whether or not they actually want their child to only have Swedish citizenship.

Any thoughts?

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