Guide on Acquiring German Citizenship for Infants Born in Germany to Non-German Parents
In Germany, the rules for foreign parents conferring German citizenship to their children born within the country have undergone some significant changes over the years. Here's a clear and concise overview of the key points.
If a child is born in Germany, the parents must register the birth at the local registry office (Standesamt) within a week. Once registered, they will receive a birth certificate (Geburtsurkunde). If the child is born in a hospital or birthing centre, these institutions will report the birth to the registry office and send over the birth certificate.
For foreign parents to pass German nationality to their child, they must meet certain criteria. Firstly, the parent must have lived in Germany lawfully for at least eight years before the child’s birth. Secondly, the parent must have an unlimited right to reside in Germany, such as permanent residency or EU citizenship with settlement rights.
Before 2000, German citizenship could only be passed down through parents. However, with the implementation of the current Citizenship Act on January 1st, 2000, a child born in Germany to foreign parents can acquire German nationality at birth under the principle of jus soli, even if neither parent is a German citizen.
If these conditions are met, the child automatically gains citizenship by birthright. However, between ages 18 and 23, they must decide whether to retain their German citizenship or their parents’ nationality.
If these requirements are not met, the child does not automatically acquire German nationality at birth but may apply for naturalization later—typically after a minimum residence period in Germany (usually 6 to 8 years, shortened if integration criteria are met).
A significant change came with the June 2024 reform, which did away with the Optionspflicht—the requirement to choose a single citizenship—which previously applied to some dual national Germans when they turned 21. This means that if a child born in Germany automatically acquires German citizenship, they can hold both German nationality and their parents’ nationalities permanently (providing the other country allows dual nationality) and won't need to choose later.
It's important to note that there is a generational cut-off point for German citizens born abroad. If the German parent was born abroad after December 31st, 1999, an additional rule applies for their child to qualify as a German citizen. The parent must record the birth at a German registry office within one year of the child's birth to ensure German nationality.
For persons born before the year 2000, the eight-year residency period will apply if the child was born before June 27th, 2024.
To establish paternity, both parents will need to go to either a Youth Welfare Office, the local court, a notary, or a registry office and submit the required documents, including both parents' ID cards and birth certificates.
If one parent is a German citizen, the baby is born a German citizen, regardless of the birthplace (due to the jus sanguinis principle). A child born in Germany can apply for citizenship on their own from the age of five, assuming they speak German and meet other requirements, regardless of their parents' status.
However, if neither parent has a permanent residence permit or right of residence, the child will not automatically get German nationality. In such cases, the child may still apply for naturalization later, typically after a minimum residence period in Germany (usually 6 to 8 years, shortened if integration criteria are met).
Upon registration of the birth, the parents will receive a birth certificate for the child. This document is crucial for various purposes, including establishing the child's identity and citizenship rights.
In summary, foreign parents who have lived lawfully in Germany for at least eight years with an unlimited right to reside in the country can pass German nationality to their child born in Germany. The June 2024 reform has made it possible for the residency requirement to be reduced to five years and for dual nationality to be allowed.
- The June 2024 reform in Germany eliminated the Optionspflicht, allowing children born in Germany to retain dual nationality if they automatically acquire German citizenship at birth and their parents' nationality is dual-friendly.
- In addition, under the current Citizenship Act, a child born in Germany can gain German nationality by birthright if their foreign parents meet certain criteria, including having lived lawfully in Germany for at least eight years before the child's birth.
