A girl was born in San Francisco (SFO), California in January 2022 to a Filipino mother, single, who was staying in SFO in 2022 only to give birth to the girl so the baby can become American, and get both an American passport and a Filipino passport. The girl's father is Filipino but is legally married to a Filipina living in the Philippines. The child's birth certificate had the father's name and she used her father's surname.

The girl's parents (a single Filipino mother and married Filipino father) got married in SFO in April 2022 after her father obtained a divorce decree in SFO in March 2022 from his first Filipino wife.

Question: Is the girl legitimate? Choose one only

1. Yes, since she is American
2. No, her father cannot marry her mother since he is Filipino
3. Yes and no