German citizenship by birth

German citizenship is the key to many rights in Germany and the European Union. For many people, the path to German citizenship begins directly at birth. The law provides for two main ways to do this: acquisition through descent from a German parent or through birth in Germany under certain conditions.

The principle of descent: If one parent is German

The most common route to German citizenship is the principle of descent. The rule is simple: if a child is born and at least one parent has German citizenship at that time, the child automatically receives German citizenship as well.

It does not matter whether the parents are married or not. Who is legally considered the mother or father is clearly regulated in German law. The mother is always the woman who gave birth to the child.

What applies if the parents are not married?

If only the father is a German citizen at the time of birth and is not married to the mother, there is an important deadline to observe. In order for the child to receive German citizenship, paternity must be effectively recognized under German law or established by a court. This procedure must be initiated before the child reaches the age of 23. If this requirement is met, the child acquires German citizenship retroactively from birth.

The place of birth principle: When a child is born in Germany

Since January 1, 2000, there has been another important regulation, the place of birth principle. This means that children of foreign parents can also obtain German citizenship by being born in Germany.

For this to happen, a parent must fulfill two conditions at the time of the child's birth:

• He or she must have been living legally in Germany for at least five years.
• He or she must have a permanent right of residence. This includes, for example, a settlement permit or an EU permanent residence permit. Swiss nationals and their family members can also meet this requirement under certain conditions.

The competent registry office checks these requirements after the birth and enters the acquisition of German citizenship directly in the register of births.

An important exception: The rule for Germans born abroad

The principle of descent does not apply indefinitely across generations if a family lives abroad permanently. There is a rule here that is often referred to as the "generation cut".

This rule states that if a German parent was born abroad after December 31, 1999 and has their habitual residence there, their child born abroad no longer automatically acquires German citizenship by birth.

How can the acquisition of citizenship still be secured?

There are important ways in which the acquisition of German citizenship can still be ensured for the child. The rule of the generation cut does not apply if:

• the child would otherwise be stateless.
• the birth of the child is applied for at the competent German authority within one year. This application can be submitted either directly to the registry office I in Berlin or to the responsible German mission abroad (embassy or consulate). Compliance with this one-year deadline is crucial.

Special regulations for victims of Nazi injustice

There is a very important exception to this generational rule for the descendants of people who were affected by National Socialist injustice. The generation cut does not apply to these persons and their descendants who have a claim to re-naturalization.

Special cases: Foundlings and confidential births

The law also has a solution for special situations. A child who is found in Germany and whose parents are unknown (a so-called foundling) is considered a German child until it is proven otherwise.

The same applies to a child born as part of a confidential birth. This child is also treated as if it were the child of a German and therefore initially receives German citizenship.