FAQ: Acquisition

• Since January 1, 1914, the child of an unmarried German mother was granted German citizenship through his or her mother.
• Children born out of wedlock of a German father have only acquired German citizenship by birth since July 1, 1993, only if, among other things, a valid declaration of paternity has been made before the child is 23 years old. However, in very limited cases becoming a German citizenship may be based on § 5 StAG by declaration or by applying for naturalization according to § 14 StAG for such children and their descendants.
• Children born before July 1, 1993 out of wedlock to a German father could obtain German citizenship by declaration before their 23rd birthday, but only if paternity has been established, and if they have resided in Germany for at least three years.

In such scenario, where a child’s German parents were born is relevant, especially if those parents were born after December 31, 1999, and do not reside in Germany. If neither of a foreign-born child’s parents was born in Germany, even though the child’s mother or father is German, a child born and residing abroad does not automatically acquire German citizenship.  An exception might be possible if that child would otherwise become stateless. This result can also be averted if an application for registration is made before the child’s first birthday.

Since 1 January 1977, children who are adopted by a German parent have been able to acquire German citizenship. Children who were adopted between January 1, 1959 and December 31,1976 could only acquire German citizenship if a declaration was made by December 31, 1979.

Since January 1, 2000, the topic has been hotly debated.  The citizenship of persons who fall within this category is regulated using the so-called option model (“Optionsmodell”).  In general, since 2000, a child who is born to foreign nationals in Germany will acquire German citizenship only if one parent has legally resided in Germany for at least 8 years prior to that child’s birth. The so-called “Obligation Option” (“Optionspflicht”) means that, at the age of 21, these children must decide between German nationality and the foreign nationality of the parents.

A law became effective on December 20, 2014, that amended the Citizenship Act. For a summary of the updated law see: https://www.bmi.bund.de/SharedDocs/kurzmeldungen/EN/2014/12/dual-citizenship.html

So, the number of persons who are subject to the Obligation Option has been limited.

Yes, these FAQs are not exhaustive. For example, in the past, marriage between a foreign woman and a German man made it possible to acquire German citizenship under certain circumstances. However, since January 1, 1970, marriage has ceased to be a basis to acquire citizenship. Even though these cases are rare, one can acquire German citizenship if the German authorities have treated him or her as a German national. Also, a child born out of wedlock between January 1, 1914 and June 30th, 1998 might also acquire German citizenship if his or her parents are subsequently married. This is known as “Legitimization” which was abolished on July 1, 1998.

Special regulations also apply to members of German minority groups in Central and Eastern Europe countries. These are just a few of the other possible avenues to obtaining or acquiring German citizenship. A detailed analysis of your specific circumstances may give rise to citizenship, especially under the new laws.