German Citizenship by Declaration (§ 5 StAG): Correcting Historic Discrimination — Until 19 August 2031

Until well into the second half of the twentieth century, German citizenship law discriminated by gender: for decades, German mothers could not pass citizenship to their children the way German fathers could, and children born out of wedlock to German fathers were also excluded. Since 20 August 2021, § 5 StAG offers those affected — and their descendants — a remarkably simple remedy: German citizenship by declaration. No naturalisation test, no language certificate, no residence in Germany required. But the window closes on 19 August 2031.

Who Can Declare

The provision covers persons born after 23 May 1949 (the day the Basic Law entered into force) who fall into one of these groups:

• Children of a German parent who did not acquire German citizenship at birth — classically, children born in wedlock before 1 January 1975 to a German mother and a foreign father, and children born out of wedlock before 1 July 1993 to a German father and a foreign mother.
• Children whose German mother lost her citizenship by marrying a foreign national before the child's birth (marriages before 1 April 1953).
• Children who lost German citizenship through legitimation by a foreign national.
• Descendants of all of the above — the right passes down the generations, which is what makes § 5 StAG so significant for families abroad.

How the Declaration Works

You do not apply for naturalisation; you declare that you wish to become a German citizen, and if the conditions are met, the authority must register the acquisition. Applicants living abroad declare to the Federal Office of Administration (Bundesverwaltungsamt – BVA) via the German missions; applicants in Germany declare to their local citizenship authority. You keep your existing citizenship, unless your country of citizenship does not allow this — Germany permits multiple nationality, and the declaration route has never required renunciation.

The practical work lies in the paperwork: proving the German ancestor's citizenship at the relevant time and documenting each generational link with birth and marriage certificates, often across several countries and name changes. Exclusion grounds exist for serious criminal convictions and the security grounds of § 11 StAG.

Why the Deadline Matters

The declaration right expires on 19 August 2031. Processing already takes considerable time, and demand is likely to rise as the deadline approaches. Gathering civil-status documents from multiple jurisdictions is usually the slowest step — start there.

Frequently Asked Questions

Do I need to speak German or take a test? No. The declaration route has no language, test or residence requirement.

Will I lose my current citizenship? Not from a German perspective, no. Acquisition by declaration does not require giving up your existing nationality, and German law now generally accepts multiple citizenship.

My grandmother was the German ancestor — do I qualify? Possibly, as a descendant. Each generational link must be documented, and the details of when and how citizenship was (not) passed on decide the case. A careful review of the family timeline against the statutory cut-off dates is the essential first step.

What happens after 19 August 2031? The declaration right lapses. Discretionary naturalisation from abroad (§ 14 StAG) may remain, but it is a far more demanding route.

Family history cases reward early, systematic preparation. Book a consultation and we will assess your family line against § 5 StAG before the window narrows further. Book a consultation →

Last reviewed: August 2026 — RAin Fiona Macdonald