German Citizenship through Birth

German citizenship through birth means obtaining nationality through the birth of infants born on German soil. This concept, known in Latin as “jus soli” or “right of the soil,” is contingent upon specific conditions. According to German nationality law, children born in Germany automatically acquire German citizenship under certain specific conditions. Factors influencing this process include the nationality of the parents, their length of stay in Germany, and their legal status.

Benefits of Having a Child in Germany

Having a baby in Germany can come with numerous benefits and facilities if one of the parents holds German citizenship. Below, we explain several benefits of having a baby in Germany:

1. Parents can apply for a three-year residence permit
2. Ability to live in Germany and work and study
3. Receive child benefits and health care
4. German passport
5. Free travel to Germany
6. Ability to study at German public universities
7. Free travel to Europe
8. 190 euros child benefit for the first two children

Conditions for Obtaining Residence through Birth in Germany

Conditions for obtaining German residence through a child are as follows:

• Birth in Germany

The child must be born within the geographical boundaries of Germany. This means birth in health centers and hospitals in Germany.

• Legality of parents’ residence

The child’s parents must have valid legal residence in Germany. This includes having a valid visa from one of the work, study, or asylum methods in Germany.

• Duration of parents’ residence

In order to obtain residence through birth, parents must have continuously lived in Germany for at least 8 years.

• Payment of costs related to childbirth and medical care

Parents must cover the costs related to childbirth and medical care for their child. This includes costs associated with the hospital, medical consultations, vaccinations, and postnatal care.

• Document verification

Parents must provide the necessary documents and evidence to confirm the child’s birth in Germany. This includes identification, passports, proof of residence, and the child’s birth certificate.

Childbirth in Germany if Parents are Refugees

If the parents have refugee status, two options may be available to them:

1. Obtain a residence permit: For this purpose, parents must acquire a passport of their home country for their child or add the child’s name to their passport. After that, the infant may obtain a residence permit under asylum laws. Applicants must submit their request to the German Immigration Office.
2. Apply for asylum on behalf of the child: Parents can request asylum on behalf of their child by sending an informal letter to the BAMF center in Nuremberg. In this case, the child’s status will be similar to that of the parents.

Temporary “Duldung” Residence in Germany for Childbirth

Temporary “Duldung” residence refers to a temporary status granted to individuals who have filed for asylum in Germany and whose applications are still under review or who cannot be returned to their home country for various reasons. If a person with Duldung status in Germany gives birth, the status and rights of the child are as follows:

• Child’s residence status: A child born in Germany does not automatically acquire German citizenship unless one of the parents has German citizenship. However, the child can be covered by the status of his or her parents.
• Rights and benefits: A child born in Germany may receive social benefits such as health and education, even if the parents have a Doldung status.
• Possibility of changing status: If the parents are able to change their status (e.g. from Doldung to legal residence), the child can also be subject to these changes.
• Application for a residence permit: Parents can apply for a residence permit for their child, which usually involves providing identification documents and information about the parents’ asylum status.

Ways to Obtain German Citizenship through Birth

Jus Soli (Right of the Soil)

Based on this principle, if a child is born on the territory of a country, they can acquire citizenship of that country. If the birth occurs in Germany and neither of the parents has German citizenship at the time of the child’s birth, they can apply for German citizenship if they live in Germany and can prove that they have legally resided in Germany for several years.

Jus Sanguinis (Right of Blood)

If one of the child’s parents holds German citizenship, the child automatically acquires German citizenship, even if born outside of Germany. This citizenship is transferred to the child through blood relation (jus sanguinis).

Necessary Documents for Obtaining German Residence through Birth

For residence through birth in Germany, you need to obtain the following documents:

• You must have your child’s birth certificate, which shows that they were born in Germany.
• You and your spouse must provide your birth certificates to show that you are the child’s legal parents.
• You must prove that you and your spouse are legally resident in Germany. This can include a residence card or a valid visa.
• Prove that you and your spouse are able to provide for the financial costs of the child. This can include a payslip, bank account or other documents that show your financial resources.
• You must prove that you and your child have adequate medical insurance. This can include public health insurance or private insurance.

How to Obtain German Citizenship through Birth

To receive German citizenship through birth, either your father or mother must hold German citizenship. If one of your parents has German citizenship, you can claim German citizenship through birth based on the principles of German ethnic nationality. Additionally, you must be born in Germany.

If you are born in Germany, you will automatically have German citizenship through birth. You must have been born lawfully in Germany. This means you must have held the necessary permits for entry into Germany, such as a valid visa and relevant immigration permits.

If you meet the above conditions, you will automatically have German citizenship through birth and can apply for a German passport, national ID card, and other relevant documents from the appropriate authorities in Germany.

Increasing Chances for Residence through Birth in Germany

Being born in Germany does not automatically grant citizenship or residency. Your and your parents’ legal status matters. The main path to residency is through official immigration programs like Work visa for Germany, which targets skilled professionals in high-demand fields.

To boost your chances, focus on gaining relevant qualifications and improving your German language skills—both are key for successful immigration and employment in Germany.

Review of Parents’ Residence Obtaining through Birth in Germany

It is generally good to know that birth in Germany does not lead to the parents of the child obtaining citizenship, and individuals must meet the following conditions to acquire the citizenship of this country.

• Have lived in Germany for at least 8 years (in some cases this period may be shorter).
• Has no criminal record.
• Has sufficient command of the German language.
• Is familiar with the legal system and social conditions of life in the Federal Republic of Germany.
• Passes the citizenship test.
• You are able to take care of yourself financially without assistance.
• Affirms current and past commitments to liberal parliamentary democracy under the German constitution. Either you are now committed to these principles and have abandoned previous ideas that conflict with these principles.
• You are a citizen of one of the EU countries or Switzerland and have a permit for free movement, or you are not a citizen of these countries but have a permanent residence permit or a European Blue Card.

A person meeting these conditions can simultaneously apply for citizenship for their spouse, and the spouse does not need to reside in Germany for 8 years.

Legal Impacts of Residence through Birth in Germany

Being born in Germany has significant legal impacts for children born in this country. Below are some of the legal effects of being born in Germany:

• Obtaining German citizenship

If a person is born in Germany, according to German citizenship laws, they may have the right to acquire German citizenship. This means that they could become a German citizen in the future and benefit from all the rights and privileges associated with being a German citizen.

• Citizenship rights

Children born in Germany receive rights and benefits equal to those of other German citizens. This includes access to higher education systems, health services, labor rights, and other rights afforded to German citizens.

• Residence rights

Being born in Germany can give the child’s parents the right to reside in this country. This means that parents can have temporary or permanent residence in Germany as the mother or father of the child and benefit from all the advantages and services related to residency in Germany.

• Family rights

Birth in Germany may have implications for family rights. For instance, if one of the child’s parents was born in Germany, this could provide parents with special advantages associated with family rights, such as facilitating housing purchases or accessing greater financial amenities.

Maternity Leave in Germany

In Germany, maternity leave is a legal right, offering 14 weeks of protected leave—6 weeks before and 8 weeks after childbirth. This period may be extended in cases of early delivery or medical needs.

Mothers receive 65% to 100% of their regular income, mostly covered by social insurance. Parents also have access to various childcare services, including daycare and home care. Germany’s maternity system ensures strong support for mothers and newborns.

Obtaining a Visa for Birth in Germany

In Germany, there is no specific visa for birth. To travel to Germany for birth, you must apply for the appropriate type of visa for your purpose. Below, we explain several types of visas that may be suitable for traveling to Germany for birth:

• Tourist Visa

If you intend to travel to Germany and give birth there, you can apply for a tourist visa for yourself. With this visa, you can usually stay in Germany for a limited period. However, you need to be mindful of the restrictions and regulations related to the German tourist visa.

• Medical Visa

If you need medical care and treatment for birth in Germany, you can request a treatment visa. With this visa, you can travel to Germany and receive necessary medical treatment and care. To obtain a German medical visa, you need to provide medical documentation and related information.

• Family Visa

If your spouse or parents have legal residence in Germany, you may be able to travel to Germany through a family visa and give birth there. With this visa, you can reside as a close family member of the person residing in Germany and benefit from the advantages and rights related to family visas.

Costs of Residence through Birth in Germany

The cost of childbirth in Germany varies based on factors like location, type of care, and insurance status. Thanks to Germany’s strong public healthcare system, most medical services are covered.

For insured individuals, giving birth typically costs between €20 and €420. Without insurance, the cost can range from €200 to €5,400, including prenatal, hospital, and postnatal care. The expenses in Germany are as follows:

Dual Nationality Review in Germany

The concept of dual nationality refers to the possibility of an individual holding two citizenships. Germany has strict laws regarding dual nationality and generally expects individuals living in Germany to accept German citizenship and voluntarily relinquish any other citizenship.

Therefore, dual nationality is generally not permitted in Germany. However, there may be exceptions in specific cases, such as marrying a German citizen or losing one’s original citizenship due to acquiring German nationality.

Frequently Asked Questions Regarding Residence through Birth in Germany

• Can one become a German citizen through birth in Germany?

Yes! If you were born in Germany and at least one of your parents was a German citizen at that time, you can become a German citizen through birth.

• Is it possible for the parents of a child born in Germany to obtain German citizenship?

Residence through birth in Germany is possible for parents who have spent 8 years living in Germany, have proficiency in the German language, and have passed the citizenship test of this country.

• What documents are required for German citizenship?

To prove German citizenship through birth, there is usually no need to provide specific documents. However, you may need to provide documents for the registration of your birth in Germany.

• What are the benefits of giving birth in Germany?

Birth benefits are provided as a substitute income during pregnancy and after the child’s birth. Eligibility for these benefits begins 6 weeks before the expected due date and continues for another 8 weeks after birth or during maternity leave.

• Is it possible to have both German citizenship and another citizenship simultaneously?

In Germany, dual nationality is generally not accepted, and individuals living in Germany are expected to accept German nationality and relinquish any other citizenship.