LAU v. KILEY

Nos. 1081, 1301, Dockets 76-6114, 76-6119.

563 F.2d 543 (1977)

Chin LAU, Plaintiff-Appellee-Cross-Appellant, v. Maurice F. KILEY, District Director of the New York District, Immigration and Naturalization Service, United States Department of Justice, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 3, 1977.


Attorney(s) appearing for the Case

Benjamin Gim, New York City (Edward J. Ennis, New York City, of counsel), for plaintiff-appellee-cross-appellant.

Thomas H. Belote, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S.D.N.Y., Robert S. Groban, Jr., Sp. Asst. U. S. Atty., New York City, of counsel), for defendant-appellant-cross-appellee.

Before WATERMAN and GURFEIN, Circuit Judges, and BLUMENFELD, District Judge.


WATERMAN, Circuit Judge:

Is a child born to unmarried parents in the People's Republic of China a "legitimate" child? That is the single question presented by this very well briefed and argued appeal. A relevant Chinese statute provides:

Children born out of wedlock shall enjoy the same rights as children born in lawful wedlock. No person shall be allowed to harm them or discriminate against them. Where the paternity of a child born out of wedlock...

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