Acquisition of German Citizenship by Descent
What is the basic rule for determining whether I am German?
German citizenship law follows the principle of descent (ius sanguinis). This means that if one or both of your parents were German at the time of your birth, you may be German. This is referred to as descent by blood.
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My grandfather was German, but I was born abroad. Could I be a German citizen?
That could be the case. German citizenship law is often complicated in this area. There are many rules that depend on the time of birth and family structure.
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What determines whether I am German by birth?
The most important questions are your year of birth, your parents' nationality, and whether your parents were married. These facts at the time of your birth are important – what happened before or after these facts are not important in most cases. It usually does not matter whether you were born in Germany or abroad. This is crucial because German nationality law has been reformed several times – there were significant changes in 1975, 1993, and 2000 in particular.
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What if my father had been German and my mother a foreigner? They only got married after I was born because I was too impatient to come into the world.
This is where it gets complicated. Until 1993, the following rule applied to children born out of wedlock to a German father and a foreign mother: The child could only acquire German citizenship by declaration and only under very specific conditions.
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What conditions had to be met in order to acquire German citizenship?
First, paternity had to be recognized under German law or established by a court. Second, the child had to have had their legal habitual residence in Germany for at least three years. And third, the declaration had to be made before the age of 23. This was a real hurdle and led to many cases where children did not obtain German citizenship.
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What did the reform of nationality law in 1993 bring?
Yes, exactly! On July 1, 1993, a reform law came into force. Since that date, children born out of wedlock to a German father and a foreign mother automatically acquire German citizenship if paternity is effectively recognized or established. That is a major step forward[5].
And what about children born in wedlock?
That's a good question, because the rule for children born in wedlock was very unfair for a long time. Allow me to explain: before January 1, 1975, children born in wedlock acquired German citizenship only through a German father – not through a German mother. Frankly, that was a gender-discriminatory rule.
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That's terrible. Wasn't that changed, that children born in wedlock only obtained German citizenship from their father?
It was indeed a great injustice. But since 1975, children born in wedlock acquire German citizenship if at least one parent – father or mother – is a German citizen at the time of birth.
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What principle applies today?
Today, it is regulated very fairly! If you are descended from a German parent, you are entitled to German papers. It really doesn't matter which parent is German!
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And there is also something called a “generational cut?
Yes, you have obviously researched this. It is an important rule that has been in force since January 1, 2000. The generation cut means the following: If you were born abroad and your German parent was also born abroad after December 31, 1999, then you do not automatically acquire German citizenship by descent.
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Are there no ways to circumvent this generation cut?
In fact, it is possible! If an application for registration of the birth in the German birth register was submitted within one year of your birth, then this generational cut does not apply.
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My grandparents were actually both German until the Nazis deprived them of their citizenship! That's somehow unfair.
Yes, that is unfair. However, §5 StAG opens up the possibility for them to get “German papers” again.
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What about cases where, under the old legal situation, the “wrong parent” had German citizenship?
Yes, you can also obtain German citizenship under §5 StAG. The aim here is to compensate for past injustices.
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I'm surprised that it's so complicated. How do I prove it now?
That is an important practical question. You must prove your German citizenship. To do this, we typically require the following documents:
- Your birth certificate to prove the date of your birth and the names of your parents and whether you were born in or out of wedlock
- Your mother's birth certificate or birth record to show when she was born
- Your father's birth certificate or birth record to show when he was born
- The marriage certificate showing that your parents were married
- A civil status certificate for your mother or father showing that she or he is or was a German citizen
What are civil status certificates?
These are extracts from the German civil status register:
- Marriage registry
- Civil partnership registry
- Birth registry
- Death registry
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Isn't a German identity card or passport a civil status document?
Unfortunately not. The same applies to a German passport. However, they are good evidence. If it is the last ID card issued before death, then an ID card could help.
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Where do I submit the application?
That depends on where you live. If you live abroad, then the Federal Administrative Office in Cologne is responsible for you. If you live in Germany, then the responsible citizenship authority in your municipality is responsible.
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How long does it take for a decision to be made on an application?
If you live in Germany, it should only be a matter of months. If you live abroad, it will take longer! According to current information, the Federal Administrative Office will only begin reviewing your application after two years.
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Can you give me an overview of the basic rules?
Here you go:
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Situation |
Regulation
Child born in wedlock with a German parent (from January 1, 1975)
Automatic acquisition if at least one parent is German
Child born out of wedlock to a German mother
Automatic acquisition
Child born out of wedlock to a German father (from July 1, 1993)
Automatic acquisition if paternity is recognized
Child born abroad, German parent also born abroad after December 31, 1999
No automatic acquisition (generational cut-off), unless birth is registered in the birth register within one year
Legitimate child with German father (before January 1, 1975)
Acquisition only through father
Child born out of wedlock to a German father (before July 1, 1993)
Only possible through declaration under strict conditions