See my post #299, first. Children of non-US citizens [specifically, the father] would not qualify IF the father's country laid claim to the child as it's own citizen.
Now, as for your son ...
Since the Supreme Court has conveniently avoided the question of NBC for 223 years, we have to look to the Founders and what their interpretation would have been.
You have to remember that the lawyers amongst the Founders were trained in British Law, practiced British Law, and agreed with MOST of British Law [with notable exceptions].
I have made a cursory examination of Dicey's Conflict of Laws and have found a citation. Remember, this was written in 1896 - and I will have to get back to you on this. I will try to find the applicable law from the 1700's - so don't get your panties in a wad about what I am about to write:
Rule 24
Sub-rule. British nationality is not inherited through women.
If this was the law in the 1700's your son would probably not qualify - but, like I said, I still have to research this ...
No twisting panties here. No court outside of a sharia run country would say that my son was only a German citizen because I had nothing to do with it. Plus, since Germany said he was not a German citizen, or eligible to be one, that would make him some type of limbo citizen of nothing. :)
I am intrested to hear what people have to say about this, so thanks for looking into it!