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Citizenship for Children
Regulations regarding the automatic acquisition of German citizenship for children born in Germany or to German parents.
Sections
1. Ways Children Can Acquire German Citizenship
Children can acquire German citizenship in the following ways:
a) By Birth in Germany (Jus Soli - Limited Application)
- A child born in Germany to foreign parents automatically acquires German citizenship if at least one parent has been legally residing in Germany for at least 8 years and holds a permanent residence permit (Niederlassungserlaubnis) at the time of the childโs birth.
- This is a conditional application of the "right of soil" principle (jus soli), introduced in 2000.
b) By Descent (Jus Sanguinis)
- A child automatically acquires German citizenship if at least one parent is a German citizen at the time of the childโs birth, regardless of where the child is born.
- If the child is born abroad and the German parent was also born abroad after December 31, 1999, the child does not automatically acquire German citizenship unless the birth is registered with German authorities within one year.
c) By Adoption
- A child under the age of 18 who is adopted by at least one German citizen automatically acquires German citizenship on the date the adoption becomes legally valid.
d) By Naturalization
- Children who do not qualify for citizenship by birth or descent may acquire German citizenship through naturalization, either as part of their parentsโ naturalization process or independently if they meet the requirements.
2. Dual Citizenship for Children
Germany generally does not allow dual citizenship, but there are exceptions for children:
- Children born in Germany to foreign parents who acquire German citizenship under the jus soli principle can hold dual citizenship until the age of 21. By their 21st birthday, they must choose between German citizenship and the citizenship of their parents (this is called the Optionspflicht or "obligation to choose").
- However, if the child has citizenship from an EU country or Switzerland, or if retaining dual citizenship is permitted under specific agreements, they may keep both citizenships indefinitely.
3. Registration and Documentation
a) Birth Registration
- A childโs birth must be registered with the local Standesamt (Registry Office) within one week of birth. This is typically done by the hospital or parents.
- Required documents for registration:
- Parentsโ passports or ID cards.
- Parentsโ residence permits (if applicable).
- Marriage certificate (if the parents are married).
- Birth certificate of the child (issued by the hospital).
b) Citizenship Certificate (Staatsangehรถrigkeitsausweis)
- If proof of German citizenship is required (e.g., for legal or administrative purposes), parents can apply for a citizenship certificate for their child at the local Bรผrgeramt or Auslรคnderbehรถrde.
4. Costs
The costs associated with acquiring German citizenship for children vary depending on the process:
- Birth Registration: Typically free or a small administrative fee (around โฌ10โโฌ20).
- Citizenship Certificate: Fees for issuing a citizenship certificate are approximately โฌ25โโฌ50.
- Naturalization: If a child is naturalized, the fee is โฌ51 (reduced from the standard adult fee of โฌ255).
5. Procedures for Naturalization of Children
If a child does not automatically acquire German citizenship by birth or descent, they may be eligible for naturalization. The process involves:
a) Eligibility Requirements
- The child must have lived in Germany for at least 8 years (or 6 years in special cases, such as successful integration).
- The child must hold a valid residence permit.
- The child must demonstrate basic knowledge of the German language and culture (age-appropriate requirements apply).
b) Application Process
- Submit the application at the local Auslรคnderbehรถrde or Einbรผrgerungsbehรถrde (Naturalization Office).
- Provide the required documents, which may include:
- Childโs birth certificate.
- Proof of residence in Germany.
- Parentsโ passports and residence permits.
- Proof of language proficiency (if applicable).
- Pay the application fee (โฌ51 for children).
- Wait for the decision, which can take several months.
6. Country-Specific Considerations
a) Importance of Permanent Residence
- For children born to foreign parents in Germany, the parentsโ legal status (e.g., holding a permanent residence permit) is crucial for the child to acquire German citizenship at birth.
b) Registration of Births Abroad
- If a German citizen gives birth abroad, it is essential to register the childโs birth with the German consulate or embassy within one year to ensure the child acquires German citizenship.
c) Loss of Citizenship
- A child may lose German citizenship if they acquire another nationality voluntarily after turning 18, unless they have permission to retain dual citizenship.
d) Statelessness
- Germany is a signatory to international agreements to prevent statelessness. If a child born in Germany would otherwise be stateless, they are entitled to German citizenship.
7. Key Points to Remember
- German citizenship laws are strict but provide pathways for children to acquire citizenship by birth, descent, or naturalization.
- Dual citizenship is allowed in limited cases, particularly for children born in Germany to foreign parents.
- Timely registration of births and compliance with legal requirements is essential to secure citizenship rights for children.
- Costs are relatively low, but the process can take time, especially for naturalization.
If you have specific circumstances or additional questions, feel free to ask for tailored advice!