text: In 1989, a ruling in the case of Elias v. United States Department of State (721 F. Supp. 243, N.C. Cal 1989) confirmed that a child born abroad prior to 1934 to a U.S.-born woman could obtain derivative nationality. As the case was not a class-action lawsuit, it did not impact others in similar situations; however, the 1993 ruling in Wauchope v. United States Department of State (985 F.2d 1407, 9th Cir. 1993) by the 9th Circuit Court of Appeals declared section 1993, which denied a woman's ability to transmit nationality to her children born before 1934, unconstitutional. In the case Miller v. Albright (523 U.S. 420 1998), the court upheld discriminatory regulations set out in Title  in the treatment of women and men passing their nationality to illegitimate children. Justice John Paul Stevens' opinion in the case was that men do not establish a legal tie to a child except by choice; whereas, a woman's legal tie is established by biology. In essence, a woman's tie with her child is legal when birth occurs and cannot be severed without legally terminating her parental rights, but a man can choose to walk away or establish a tie. The ruling meant that mothers were able to pass on their nationality at the birth of an illegitimate child born abroad, if the mother had lived for a continuous period of one year prior to the child's birth in the United States or a U.S. territory. For an unmarried man to pass nationality to an illegitimate child born abroad, before the child's eighteenth birthday, a blood relationship must be proved in court, the child must be recognized and legitimized, and the father's nationality at the time of birth must be confirmed. On the basis of Clark v. Jeter (486 U.S. 456, 1988), no similar requirement applies for a married man. However, for both married men and unmarried men, the statute "required the U.S.-born parent to have ten years' physical presence in the United States prior to the child's birth, 'at least five of which were after attaining' age 14". In 2001, the Supreme Court again upheld the unequal regulations in the case of Nguyen v. INS (533 U.S. 53 2001) confirming that in the case of nationality, the inequality is present, which serves governmental objectives, to establish both a biological tie and a customary relationship between the child and parent.