allmendream: A DNA relationship is not necessary for one to be the legal father. If Barrack 0bama Sr. is listed on 0bamas BC; he is 0bamas legal father.
If there is a dispute regarding one's claim to citizenship, a blood relationship is required.
7 FAM 1131.4 Blood Relationship EssentialYes, Senior is presumed to be Junior's legal father if his name is on the birth certificate. But that legal status wouldn't be the determinative factor in a citizenship claim. If FMD were Junior's biological father, which I am not suggesting is true, Senior's legal status as a parent would be disregarded if Junior could prove a blood relationship to FMD. In U.S. citizenship claims, a blood relationship trumps a legal relationship.
(7 FAM 1131.4-1 Establishing Blood Relationship)a. The laws on acquisition of U.S. citizenship through a parent have always contemplated the existence of a blood relationship between the child and the parent(s) through whom the citizenship is claimed. It is not enough that the child is presumed to be the issue of the parents' marriage by the laws of the jurisdiction where the child was born. Absent a blood relationship between the child and the parent on whose citizenship the child's own claim is based, U.S. citizenship is not acquired. The burden of proving a claim to U.S. citizenship, including blood relationship and legal relationship, where applicable, is on the person making such claim.
c. Children born in wedlock are generally presumed to be the issue of that marriage. This presumption is not determinative in citizenship cases, however, because an actual blood relationship to a U.S. citizen parent is required. (Snip)
In other words, the foreign national woman (maternity rarely, if ever, being in doubt) who says her baby has an American daddy must establish a blood relationship if the American “daddy” disputes paternity.
In this case the blood relationship to an American citizen is with his mother.
In this case there was no dispute as to citizenship based upon paternity. He would be a US citizen at birth in Hawaii no matter who his father was.
And there was no dispute as to paternity. 0bama Sr. was apparently all for signing on that he was 0bama’s father.
10% of children are not related to the man they think is their father. I bring this up not just for the purposes of discussing 0bama, but also to impress upon each and every male FReeper out there to not EVER sign on as the father unless the DNA says you are the father (if you are married, DNA, again, doesn't matter - your wife's children are legally your children, even if they are not).