It was simplified for the sound bite. There is a requirement for the parent to have resided in the US for 10 yrs including 5 years from the age of 14. Since Ms. Durham was 18 and could not meet that requirement, citizenship was passed from the father.
My Q&A:
Q. What if the father was also a US citizen but also 18 or under? Who would the citizenship pass from then?
A. Both parents US citizens = different part of the law. child is US citizen.
Q. What if the father was 18 or under and not a US citizen? Who would the citizenship pass from then?
A. I have no idea.
OK, here is the law as it stood when both Obama and Cruz were born:
http://www.gpo.gov/fdsys/pkg/STATUTE-66/pdf/STATUTE-66-Pg163.pdf
Section 301. (a) The following shall be nationals and citizens of the United States at birth:
(1) a person born in the United States, and subject to the
jurisdiction thereof;
(2) N/A (Status of Indians/Eskimos)
(3) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(4) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(5) N/A (”born in an outlying possession”)
(6) N/A (”a person of unknown parentage found in the US”)
(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less
than ten years, at least five of which were after attaining the age of fourteen years: Provided That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.
“There is a requirement...”
I should have said “There was a requirement.” Much of this has been revised since that time.
I would add that this only appears to speak to the “born in Kenya” theory for Obama, which is weak at best. But it does put Cruz (paragraph 7) in the same legal status at birth as one born in the US to parents who are citizens (paragraph 1).