Does a child born in Germany to foreign parents get German citizenship?

Checked on 2026-10-25

Yes, under Germany's Nationality Act, if at the birth one parent has had lawful habitual residence in Germany for five years and holds a permanent right of residence (or a Swiss free-movement permit). The child keeps the parents' citizenship too; the interior ministry says the old duty to choose one at adulthood was abolished in 2024.

Key facts

What	The law says	Source
Parent’s residence	One parent has had lawful habitual residence in Germany for five years	StAG § 4(3) sentence 1 no. 1
Parent’s status	That parent holds an unlimited right of residence, or as a Swiss citizen or family member a residence permit under the EU–Switzerland free-movement agreement	StAG § 4(3) sentence 1 no. 2
When	The ministry says the parent must hold the permanent right of residence at the time of the birth	BMI, “Geburt in Deutschland”
Registration	The acquisition is entered in the birth register	StAG § 4(3) sentence 2
Second citizenship	The child gets German citizenship in addition to the parents’ and can keep both permanently	BMI, “Geburt in Deutschland”
Change in 2024	Required parental residence cut from eight to five years; option duty abolished	BMI, “Staatsangehörigkeitsrecht”

How it works

The law gives German citizenship automatically by birth in Germany when the conditions are met; no application is mentioned in § 4(3). The ministry’s guidance says the registry office (Standesamt) normally informs the parents after the birth if the child has acquired German citizenship.

No choice at 18 any more

Until the 2024 reform, children who got German citizenship this way had to choose between German and their parents’ citizenship (the option duty). The ministry says this duty was abolished without replacement when the Act to Modernise Nationality Law took effect on 27 June 2024.

Sources

Staatsangehörigkeitsgesetz (StAG), § 4(3) (consolidated text as last amended on 21.7.2026, gesetze-im-internet.de) checked 2026-10-25
Federal Ministry of the Interior (BMI): Geburt in Deutschland checked 2026-10-25
Federal Ministry of the Interior (BMI): Staatsangehörigkeitsrecht (page as of 29.09.2026) checked 2026-10-25

Change history

2026-10-25: Page created

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