When did a child born abroad in 1937 to an unwed alien mother derive citizenship if the mother married a U.S. citizen and later naturalized?

• A. 1946
• B. 1952
• C. 1942
• D. 1938

Answer: (B)

A child born abroad in 1937 to an unwed alien mother would derive citizenship through the mother's marriage to a U.S. citizen and her subsequent naturalization. Under the laws applicable at the time, specifically referencing the Nationality Act of 1940, a child could derive citizenship through the naturalization of a parent if certain conditions were met.

When the mother married a U.S. citizen and later naturalized, the key date for the child's citizenship derivation would be tied to the mother's naturalization. In this case, this process occurred under the legal framework established in the 1940 Act. Given that the mother married a U.S. citizen and subsequently naturalized, it was applicable that the child would derive citizenship upon the mother’s naturalization, as long as the citizenship laws in effect supported this derivation and the marriage was legitimate.

The date 1952 marks a significant legislative shift with the McCarran-Walter Act, which provided further clarifications and inclusions in citizenship pertaining to children and their parents. So, while one could point to 1946 or any other date, the correct date aligning with the context of the mother’s actions and the laws at the time when the child derived citizenship through her naturalization is indeed