486
Breyer, J., dissenting
ments. A father with weak ties might readily comply. Moreover, the statute does little to assure any tie for, as Justice Stevens acknowledges, a child might obtain an adjudication of paternity "absent any affirmative act by the father, and perhaps even over his express objection." Ante, at 434.
To make plausible the connection between the statute's requirement and the asserted "relationship" goals, Justice Stevens must find a factual scenario where a father's knowledge—equivalent to the mother's knowledge that she has given birth—could lead to the establishment of a more meaningful parenting relationship or tie to America. He therefore points to what one might term the "war baby" problem—the problem created by American servicemen fathering children overseas and returning to America unaware of the related pregnancy or birth. The statutory remedy before us, however, is disproportionately broad even when considered in relation to that problem. Justice Stevens refers to 683,000 service personnel stationed in the Far East in 1970 when Lorelyn was born. Ante, at 439. The statute applies, however, to all Americans who live or travel abroad, including the 3.2 million private citizens, and the 925,000 Federal Government employees, who live, or who are stationed, abroad—of whom today only 240,000 are active duty military employees, many of whom are women. U. S. Dept. of State, Private American Citizens Residing Abroad (Nov. 21, 1997); U. S. Dept. of Commerce, Bureau of the Census, Americans Overseas in U. S. Censuses, Technical Paper 62, p. 62 (Nov. 1993) (1990 census figures); U. S. Dept. of Defense, Selected Manpower Statistics 23, 44 (DIOR/MO1-96 1996). Nor does the statute seem to have been aimed at the "war baby" problem, for the precursor to the provisions at issue was first proposed in a 1938 report and was first adopted in the Nationality Act of 1940, which was enacted before the United States entered World War II. Nationality Laws of the United States: Message from the President of the United
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