The children born in Germany on or after January 1, 2000, to parents of a non-German nationality become German citizens at birth. In the case of one of the parents having resided legally in Germany during a period of not less than five years, permanently and being placed under permanent residence. The German citizenship law has the principle of descent as a basis. That is to say that German nationality is usually determined by descent through a German-born parent rather than by being born on German soil.
Children born in Germany whose parents are not German have acquired German citizenship since January 2000. Only when one parent has resided in Germany legally at the time of birth for at least five years, and he/she has the right to permanent residence in Germany.
German parents born after January 1st, 2000 and outside Germany are no longer automatically granted German citizenship to their children, should they be born outside the country as well. Once a child is born, the registry office preferably notifies the parents whether the child has acquired a German nationality by virtue of being born in Germany.
Children born to parents who are non-German in Germany, as of 01 January 2000.
What are the mechanisms of obtaining citizenship for babies born in Germany
Any person who was born on German territory, whose parents are not of German citizenship, can receive German citizenship provided that the following are true:
They were either born in or after January 1st, 2000, in Germany
One of the parents of the child must have acted in Germany regularly and with a permanent residence permit (Niederlassungserlaubnis) 5 years before June 27, 2024.
Where the parents have not met the 5-year threshold on residence, the child acquires a residence status corresponding to that of the parents until they can get citizenship. When the parent acquires citizenship, the child acquires the same.
Note that in case the parents are unmarried, but the father of the child meets the residency eligibility (this man has been living in Germany for 5 years and has a valid permanent residence permit). The latter must confirm paternity of the child to obtain German citizenship.
Paternity recognition is a formal procedure, and the father of the child. In this case, will be forced to go through to establish that he is the real father of this child.
What to do to accept paternity in Germany to register a child born a citizen
Two possible scenarios can occur when the parent has a recognised refugee or asylum seeker status:
Get a residence permit
The parent has to apply to the home country to acquire the passport of the child or attach it to their own passport. And the child will be able to acquire a residence permit, in accordance with the Refugee Act. One needs to apply to the Immigration Office.
Represent the child in applying for asylum
Parents may apply for asylum on behalf of the child by submitting a casual letter to the BAMF centre in Nuremberg. The child in this case will achieve equivalence to the parental status.
Please note that in case your child is born in Germany, your asylum application is still pending, and a process of asylum application will automatically be instituted for your child.
What does German citizenship by birth do to the Children of a German parent
The German law also grants citizenship by descent to children whose parents are German, irrespective of the residence conditions of the parents. The other parent and his/her nationality will not have an impact on the German citizenship of these children.
Does Germany allow dual nationality to children born in Germany to non-German parents
Since June 27, 2024, Germany has permitted dual citizenship by birth with no distinction between a child born to German nationals or a foreign national. Anyone may also gain it in subsequent adulthood.
Earlier, the foreign children born in Germany and having acquired German citizenship as a result of their birth status could obtain dual citizenship until their 18th birthday. The said rule no longer holds ground because dual citizenship is now a viable occurrence.
You can also view these posts:
Getting Germany’s passport
Immigration to Germany
Frequently Asked Questions on Germany
