Giving Birth in the US and Canada

Giving birth in a foreign country, such as the United States or Canada, is a decision that many families make for various reasons, including the desire for their child to obtain citizenship in that country. Both the US and Canada grant citizenship by birth, meaning that any child born in these countries automatically becomes a citizen. However, for foreigners, navigating the visa requirements, healthcare systems, and legal implications can be complex.

This post provides a comprehensive overview of the requirements, steps, and procedures for foreigners who wish to give birth in the US or Canada.

We’ll cover the types of visas needed, how to apply, the healthcare procedures, and what to expect during your stay.

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Part 1: Giving Birth in the United States

Citizenship by Birth

The United States follows the principle of jus soli, or “right of the soil,” meaning any child born on US soil is automatically granted US citizenship, regardless of the parents’ nationality.

Visa Requirements for Giving Birth in the US

If you are a foreigner planning to give birth in the US, you must enter the country legally, typically on a B-2 Tourist Visa. The B-2 Visa is a non-immigrant visa for individuals who wish to visit the US for tourism, including giving birth.

B-2 Tourist Visa:

• Eligibility: The B-2 Visa is available to individuals who can demonstrate that their visit is temporary and that they have sufficient funds to cover their stay and medical expenses in the US.
• Key Considerations: When applying for a B-2 Visa with the intention of giving birth, you must clearly state your intentions and demonstrate that you can pay for all medical costs without relying on public funds. Failure to disclose your intention could be considered visa fraud.

Application Process for B-2 Visa

1. Complete the DS-160 Form:
   • Fill out the DS-160 online application form, providing your personal information, travel details, and the purpose of your visit. Complete the DS-160 Form.
2. Pay the Visa Application Fee:
   • Pay the non-refundable visa application fee, which is typically $160. This fee must be paid before scheduling your visa interview.
3. Schedule a Visa Interview:
   • Schedule an interview at the nearest US Embassy or Consulate. Be prepared to provide evidence of your intent to return to your home country, financial stability, and plans for your stay in the US.
4. Attend the Visa Interview:
   • During the interview, you must clearly explain your intention to give birth in the US and provide proof of your financial ability to cover all associated costs. Bring documentation such as bank statements, proof of employment, and a letter from your doctor or hospital in the US if applicable.
5. Await Visa Decision:
   • After the interview, the consular officer will decide on your visa application. If approved, you will be issued a B-2 Visa.

Healthcare Procedures and Costs

1. Selecting a Hospital or Birthing Center:
   • Research hospitals and birthing centers in the area where you plan to give birth. Some hospitals may require you to pay a deposit upfront, especially if you are paying out-of-pocket.
2. Prenatal Care:
   • Once in the US, it is essential to establish prenatal care with a healthcare provider. Prenatal care includes regular check-ups, ultrasounds, and any necessary tests to monitor your pregnancy.
3. Delivery and Hospital Stay:
   • The cost of giving birth in the US varies widely depending on the hospital and whether there are any complications. On average, a natural birth costs between $5,000 and $11,000, while a cesarean section can cost between $7,500 and $14,000. These costs do not include prenatal care or postnatal care.
4. Postnatal Care:
   • After delivery, both mother and baby will receive postnatal care, including check-ups and any necessary treatments. Be sure to schedule a follow-up appointment with your healthcare provider before returning to your home country.

Steps to Take After Birth

1. Obtain a Birth Certificate:
   • The hospital will provide you with a birth registration form. Complete this form to receive your child’s birth certificate, which is proof of US citizenship.
2. Apply for a US Passport:
   • Apply for your child’s US passport if you plan to travel with them. You will need the birth certificate and both parents must be present to sign the passport application. Learn more and apply.
3. Return to Your Home Country:
   • Ensure you have all necessary documents for your child, including their birth certificate, passport, and any visas required for re-entry into your home country.

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Part 2: Giving Birth in Canada

Citizenship by Birth

Like the US, Canada also follows the principle of jus soli, meaning that any child born on Canadian soil automatically becomes a Canadian citizen, regardless of the parents’ nationality.

Visa Requirements for Giving Birth in Canada

To give birth in Canada, you must enter the country legally, typically on a Temporary Resident Visa (TRV), unless you are from a visa-exempt country. If you are from a visa-exempt country, you will need an Electronic Travel Authorization (eTA).

Temporary Resident Visa (TRV):

• Eligibility: The TRV is available to individuals who can demonstrate that their visit is temporary and that they have sufficient funds to cover their stay and medical expenses in Canada.
• Key Considerations: When applying for a TRV with the intention of giving birth, you must clearly state your intentions and demonstrate that you can pay for all medical costs without relying on public funds. Like in the US, failing to disclose your intention could result in visa denial.

Application Process for TRV

1. Complete the Application Form:
   • Fill out the Temporary Resident Visa application form (IMM 5257) online. You will need to provide details about your visit, including your intention to give birth. Complete the TRV Application.
2. Pay the Application Fee:
   • Pay the non-refundable visa application fee, which is typically CAD 100.
3. Submit Supporting Documents:
   • Provide supporting documents such as proof of financial support, a letter from a healthcare provider in Canada if available, and evidence of ties to your home country.
4. Schedule a Biometrics Appointment:
   • If required, schedule an appointment to provide biometrics (fingerprints and a photo) at a Visa Application Centre (VAC).
5. Attend the Visa Interview:
   • Depending on your country of origin, you may be required to attend an interview at the Canadian Embassy or Consulate. During the interview, explain your intention to give birth in Canada and provide all necessary documentation.
6. Await Visa Decision:
   • After the application is reviewed, you will receive a decision. If approved, you will be issued a TRV.

Healthcare Procedures and Costs

1. Selecting a Hospital or Birthing Center:
   • Research hospitals and birthing centers in the area where you plan to give birth. In Canada, healthcare is publicly funded for residents, but as a foreigner, you will be required to pay out-of-pocket unless you have private insurance.
2. Prenatal Care:
   • It is essential to establish prenatal care with a healthcare provider in Canada. Prenatal care includes regular check-ups, ultrasounds, and any necessary tests to monitor your pregnancy.
3. Delivery and Hospital Stay:
   • The cost of giving birth in Canada for non-residents can vary, but on average, a natural birth costs between CAD 5,000 and CAD 10,000, while a cesarean section can cost between CAD 10,000 and CAD 20,000. These costs do not include prenatal or postnatal care.
4. Postnatal Care:
   • After delivery, both mother and baby will receive postnatal care, including check-ups and any necessary treatments. Schedule a follow-up appointment with your healthcare provider before returning to your home country.

Steps to Take After Birth

1. Obtain a Birth Certificate:
   • The hospital will provide you with a birth registration form. Complete this form to receive your child’s birth certificate, which is proof of Canadian citizenship.
2. Apply for a Canadian Passport:
   • Apply for your child’s Canadian passport if you plan to travel with them. You will need the birth certificate, and both parents must be present to sign the passport application. Learn more and apply.
3. Return to Your Home Country:
   • Ensure you have all necessary documents for your child, including their birth certificate, passport, and any visas required for re-entry into your home country.

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Legal and Ethical Considerations

Tourism Birth and Legal Implications

While both the US and Canada grant citizenship to children born within their borders, “birth tourism” has become a controversial topic. Both countries have scrutinized cases where individuals enter solely to give birth and obtain citizenship for their child.

• Honesty in Visa Applications: It is crucial to be transparent in your visa application process. Misrepresenting your intentions can result in visa denial, deportation, or future bans on entering the country.
• Self-Sufficiency: Demonstrating that you can cover all medical costs without relying on public funds is essential. In some cases, hospitals may ask for a deposit upfront to ensure payment.

Financial and Health Insurance Considerations

• Out-of-Pocket Costs: If you do not have private health insurance, you will be required to pay all medical costs out-of-pocket. It is important to have a clear understanding of the costs involved and plan accordingly.
• Health Insurance: Some private health insurance plans may cover childbirth in the US or Canada for foreign nationals. Check with your insurance provider before traveling.

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Conclusion

Giving birth in the US or Canada offers the advantage of citizenship for your child, but it also comes with significant financial and legal responsibilities. By following the proper procedures, being transparent in your intentions, and preparing for the costs involved, you can navigate the process successfully.

We have provided a comprehensive overview of the steps, requirements, and considerations for giving birth in the US and Canada as a foreigner. Always consult with official sources and, if needed, seek legal advice to ensure you are fully informed and compliant with all regulations.

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Helpful Resources and Links

United States:

• US B-2 Visa Information: USCIS – B-2 Tourist Visa
• US Passport for Children: US State Department – Passport for Minors

Canada:

• Canada TRV Information: Canada Temporary Resident Visa
• Canada Passport for Children: Canada – Passports for Children

Disclaimer

This post is intended for informational purposes only and does not constitute legal advice. Immigration regulations and processes can change, so it’s important to verify all information through official sources. The links provided are for additional guidance, and all credits for content on these platforms go to their respective creators.