Born in Germany: When Children of Foreign Parents Are German From Birth (§ 4 Abs. 3 StAG)

Germany's citizenship law is built on descent — but for children born here, there is an important element of birthplace citizenship (ius soli). Under § 4 Abs. 3 StAG, a child born in Germany to two foreign parents acquires German citizenship automatically at birth if one parent meets two conditions. The 2024 citizenship reform made this route considerably more accessible.

The Two Conditions

A child born in Germany is German from birth if at least one parent, at the time of the birth:

1. has been lawfully and habitually resident in Germany for five years — reduced from eight years by the reform that entered into force on 27 June 2024, and
2. holds a permanent right of residence (unbefristetes Aufenthaltsrecht) — typically a settlement permit (Niederlassungserlaubnis, § 9 AufenthG) or the EU long-term residence permit (§ 9a AufenthG); EU citizens with a free-movement right and Swiss nationals with the corresponding permit also qualify.

If the conditions are met, the acquisition is automatic — there is no application. The registry office (Standesamt) records the German citizenship when registering the birth.

No More Choosing: The End of the Option Duty

Children who acquire citizenship this way keep it alongside their parents' nationality. The former "option duty" (Optionspflicht) — under which some ius soli Germans had to choose between citizenships in early adulthood — was abolished by the 2024 reform. Children born under § 4 Abs. 3 StAG today are simply dual (or multiple) citizens, permanently.

Timing Is Everything

Because the conditions are tested at the moment of birth, timing can decide the child's citizenship. A parent who reaches five years' residence or receives the settlement permit shortly after the birth confers nothing retroactively — the child is then a foreign national requiring a residence title (usually under § 33 AufenthG) and can only naturalise later. For expecting parents who are close to the thresholds, it is worth checking whether the settlement permit can be obtained before the due date. Blue Card holders, who can reach the settlement permit after as little as 21 or 27 months, are often closer to this than they realise.

Frequently Asked Questions

Both of us hold ordinary residence permits — is our child German? Not automatically. One parent must hold a permanent right of residence at the time of birth; a temporary residence permit (Aufenthaltserlaubnis) is not sufficient, however long you have been here.

Does the child lose German citizenship if we later leave Germany? No. Citizenship acquired at birth under § 4 Abs. 3 StAG is full German citizenship and is not lost by moving abroad.

We missed the conditions by a few weeks — what now? The child does not acquire citizenship at birth, but derives a residence right from you (§ 33 AufenthG) and can later naturalise — as a rule together with a parent or after the usual residence periods.

Does the child's German citizenship help the parents? Custodial parents of minor German children have a right to a residence permit via family reunification.

If a birth is on the horizon and you are close to the five-year or settlement-permit thresholds, book a consultation early — a few months' planning can change your child's passport. Book a consultation →

Last reviewed: August 2026 — RAin Fiona Macdonald