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“When my son was born, I called the German consulate to see how I might get some child support. They told me that my son was not eligible to be a dual citizen, as we were not married, and the father’s name was not on the birth certificate.

“So, if my son is NOT a dual citizen, is not a naturalized citizen, was born in the US to a mother who was in her mid-twenties, how is he not a natural born citizen?”

My non-lawyer take:

The Supreme Court has never ruled on a case like yours or Obama’s. I don't believe anyone can claim with certainty to know how they would rule.

Your circumstances are very similar to Obama’s mom but with some key differences.

There is an HI vital record index for both the marriage of BHO Sr to Stanley Ann as well as for the birth of BHO II and an alleged COLB showing BHO Sr as the father of BHO II.

The German government declined to claim your son as a German national because, as you said, you had no legal proof via birth certificate or marriage license showing your son was the child of that marriage, so no dual citizenship is possible. On that basis I believe it is likely that the Supreme Court would rule your son to be an NBC given that US law and international law assign the nationality of an unmarried mother to her children.

In Obama’s case his campaign claimed that the 1948 BNA applied to the children of BHO Sr. implying that the UK would claim BHO II as a subject making him a dual citizen if born in HI.

What the campaign failed to mention is that the 1948 BNA says that only the legitimate children of UK subjects can receive UK citizenship from their fathers. There is reason to believe that Obama Sr was a bigamist under both UK Kenyan law and US law due to his marriage to Kezia and his marriage.

If BHO Sr was a bigamist and Obama II was born in HI, he would not have dual citizenship. As with you, under international law and US law the child of an unmarried mother takes the nationality/citizenship of the mother. The UK would decline to claim him as a subject under the same 1948 BNA so there would be no dual citizenship that the founding fathers were concerned about.

I agree with all of those points. I would like to add (though you likely already know, many around here don't seem to understand) dual citizenship is something that needs to be applied for. There isn't some big computer that says, “Oh, Brit kid born in Vermont, let's send out the citizenship papers!” If a child's parents do not apply for citizenship for another country, do they get “punished” for having the opportunity to have dual citizenship?
Better example, many people in the US have the opportunity to apply for Italian citizenship if one of their grandparents came from Italy. If they apply for it, does that negate their chances of being legally allowed to run for president? How about Israeli citizenship? What if they don't apply (or even know that they can)? Does it still count against them?
My whole point for coming on this thread was that I am annoyed with people thinking that the USSC could look at Obama’s case and make a ruling that was based on Vattel without taking into consideration all of the nuances that are now options for Americans with mixed heritage. I think there is so much gray area that they would have to rule that a parent who applied for dual citizenship, but that was not used by the kid? I mean, if BO has dual citizenship, (which I think he lied about to sound cool to the intellectual crowd, not thinking it would bite him in the a**) when did he use it? Perhaps to get scholarships (makes sense, but not as much as a black kid getting $$$ under AA) Did he ever live in the UK, or even visit? Maybe that is where those dratted Kindergarten records that are missing (and have lots of Freepers panties in a twist over) are located. I lived in Scotland for the year I went to kindergarten, and never got those records, either. I guess I can't run for president? (ridiculous, eh?)
Anyway, sorry to pile on, but no one ever answers these questions, they just make a lot of vague and damning sounding points without ever really explaining why they are damning (besides using foreign birth for scholarships, which could be very likely).