Citizenship for Children Born in Germany to Foreign Parents (Geburtsortprinzip)

FMR Legal
Jul 2
2 min read

Updated: Jul 6

Germany is not a pure "born here, citizen here" country — but it does have a birthright element (Geburtsortprinzip) layered on top of citizenship by descent. Thanks to a reform of citizenship law in 2024, for non-German parents, the question "is my child German?" has a clear answer. This guide explains when a child born in Germany is German from birth.

The birthright rule

A child born in Germany to non-German parents acquires German citizenship at birth if, at the time of the birth, at least one parent has been lawfully and habitually resident in Germany for the required period and holds a permanent right of residence.

What the 2024 reform changed

The reform reduced the required parental residence from eight years to five. So now, if one parent has five years of lawful residence and the qualifying residence status when the child is born, the child is German from birth — alongside any nationality inherited from the parents – as long as the child is born in Germany.

The end of Optionspflicht

Previously, children who became German this way often faced the Optionspflicht — an obligation, on reaching adulthood, to choose between their German and their foreign citizenship. The 2024 reform abolished this. Children can now keep both nationalities into adulthood, consistent with the broader move to allow dual citizenship. They may still have to make a choice if the country of their other citizenship requires this.

What this means in practice

If you have lived here lawfully for five years and have permanent residency, a child born to you in Germany is German automatically — you do not "apply" for it, though you register the birth and document the citizenship.
The child also keeps the parents' nationality or nationalities where allowed, allowing for dual or multi citizenship from day one.
If you do not yet meet the five-year/permanent residency test when the child is born, the child is not German by this route, but other paths (later naturalisation, or descent if a parent is German) may apply.
In some cases, permanent residency can be granted retroactively as long as you applied before your child is born.

Common mistakes

Assuming any birth in Germany confers citizenship — a parent must meet the residence and status test.
Worrying about the Optionspflicht — it no longer exists.
Not documenting the child's citizenship properly after birth.
Overlooking the child's dual nationality rights.

When to get a lawyer

Get advice if your residence status at the time of birth is borderline, if you are unsure whether your permit counts as a "permanent right of residence," or if you need to document a child's dual citizenship cleanly. A lawyer can confirm the child's status and the paperwork to prove it.

We confirm your child's citizenship from day one

At FMR Legal we help families establish and document a child's German citizenship at birth. If a baby is on the way and you want certainty, talk to us about your status.

Book a consultation with Fiona Macdonald →