Hey, I found this quote on another forum, from reading it I assume that it does depend on the parents status. We haven't been issued a visa yet and therefore the baby needs one also, suppose it makes sense...
"As discussed in another thread you started, it depends on the status of the mother at the time the child is born.
Here is the text of 9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent
9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent
(CT:VISA-1829; 04-18-2012)
The child born after the issuance of a visa to a parent is not required to have a visa if the child is:
(1) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent's immigrant visa; or
(2) Born during the permanent resident mother's temporary visit abroad provided that (see 9 FAM 42.1 N2):
(a) Admission is within two years of birth; and
(b) Either accompanying parent is applying for readmission upon first return after the birth of the child.
Please note it applies to a Child Born AFTER ISSUANCE OF VISA to Parent.
If, at the time of birth, the mother is an LPR, then the answer given in the previous post by dcsk applies.
If, at the time of birth, the mother has not yet become an LPR, then the child will be a derivative of the EB case and be processed accordingly. That means either Consular Processing or, if the child can be brought to the US on a valid non-immigrant visa, AOS.
Since you appear to have a PD of April 2009. I would say there is an extremely low chance of the mother becoming an LPR before giving birth.
In neither case is processing under the Family Based Categories required. That would only be applicable if the child did not return within two years of birth."