Nationality by descent

Everything about citizenship law and naturalization based on descent from German ancestors.

Here you learn ...

when you acquire German citizenship through descent
what applies to birth in Germany ( place of birth principle )
everything about naturalization based on descent across several generations
Information on reparation naturalization after Nazi persecution

1. German citizenship by descent

2. German nationality, descent from German parents

2.1 Ancestry from a German mother

2.2 Ancestry from a German father

2.3 Generational cut

3. Descent from foreign parents

4. German citizenship across several generations (ancestry)

5. Naturalization of ancestors persecuted by Nazis (reparation naturalization)

6. FAQ

7. Conclusion

1. German citizenship by descent

In Germany, the principle of descent (ius sanguinis) applies. This means that a child acquires German citizenship through their parents—not through their place of birth. If at least one parent is a German citizen, the child automatically receives German citizenship—regardless of where they are born ( Section 4, Paragraph 1, Sentence 1 of the Citizenship Act ). In contrast, countries like the USA apply the principle of place of birth (ius soli), whereby children automatically receive the citizenship of the country in which they were born.

2. German nationality, descent from German parents

2.1 Ancestry from a German mother

When a German mother gives birth to a child, the child automatically receives German citizenship – at least if the birth takes place in Germany (Section 4, Paragraph 1, Sentence 1 of the Nationality Act). No application is then required, as the citizenship is entered directly into the birth register.

If the birth takes place abroad, there is an important rule: If the mother was born abroad after December 31, 1999 , and lives there permanently, the child does not automatically receive German citizenship. In order for the child to become German, an application for registration in the birth register must be submitted within the first year of life ( Section 4, Paragraph 3 of the StAG ).

2.2 Ancestry from a German father

A German father can also pass on German citizenship to his child. If the mother is a foreigner and was not married to the father at the time of birth, paternity must be acknowledged or established by a court . This must be done by the child's 23rd birthday at the latest (Section 1592 of the German Civil Code). Without this proof, the child will not automatically receive German citizenship.

2.3 Generational cut

However, even if a child is of German descent, the so-called " generational cut " must be observed when a child is born abroad. If a German born abroad has a child, an application for birth registration must be submitted to the registry office in Germany or a German diplomatic mission abroad within one year of the birth. Only then will the child receive retroactive German citizenship. This regulation applies to all Germans who were born abroad and have children there—regardless of whether they are expats, emigrants, or dual nationals.

3. Descent from foreign parents

If children of foreign parents are born in Germany, they can also acquire German citizenship under certain conditions (Section 4 (3) of the German Citizenship Act). This is done according to the so-called place of birth principle, which, however, is linked to specific residence requirements for the parents.

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For a child of a foreign parent to acquire German citizenship by birth in Germany, the parent from whom the child is descended must prove that they have been living legally and habitually in Germany for at least five years . This means that the parent must have legal residency status in the country and no lengthy interruptions in their stay during this time. Furthermore, the parent must either have an unlimited right of residence (e.g., a settlement permit) or a residence permit based on a free movement agreement (e.g., for EU citizens).

4. German citizenship across several generations (ancestry)

In certain cases, German citizenship can be passed down through multiple generations—for example, through grandparents or great-grandparents . However, there are some important requirements to consider. For German citizenship to be passed down through ancestors, the line of descent must be unbroken . This means that German citizenship must have been passed down through every generation. In particular, no generation may have been skipped, and citizenship may not have expired in any generation.

The transmission of citizenship through descent across multiple generations often poses practical problems of proof. Many families possess only a few documents from the past. Furthermore, citizenship laws have changed repeatedly over time, meaning different rules apply to different generations. Anyone wishing to apply for German citizenship through ancestors must therefore provide a complete account of their family history and prove that their citizenship has been passed down continuously.

5. Naturalization of ancestors persecuted by Nazis (reparation naturalization)

The so-called "Reparation Naturalization" allows individuals who lost their German citizenship between 1933 and 1945 for political, religious, or racial reasons to regain it ( Article 116 of the Basic Law , Section 15 of the Citizenship Act ). Reparation naturalization applies to all individuals who renounced or lost their German citizenship before February 26, 1955, in connection with persecution for political, racial, or religious reasons between January 30, 1933, and May 8, 1945. Reparation naturalization also applies to descendants , i.e., children and grandchildren. Therefore, if your ancestors lost their German citizenship due to Nazi persecution, you can apply for German citizenship based on reparation naturalization.

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According to Article 116, Paragraph 2 of the Basic Law (GG), German citizenship is considered lost due to Nazi persecution if it was either automatically lost under Nazi law ( Reich Citizenship Law of November 25, 1941 ) or if it was revoked by the Nazis in an individual case ( Law on the Revocation of Naturalizations and the Deprivation of German Citizenship of July 14, 1933 ). This can generally be assumed if your ancestors left Germany during the Nazi era, especially if they were Jewish.

6. FAQ Naturalization by descent

What parentage rules apply to foundlings?

A foundling is a child who is helpless due to their age and whose parentage cannot be determined. Foundlings found in Germany are considered to be the child of a German until proven otherwise (Section 4 (2) of the StAG). Proof to the contrary is only provided when the marital status of a foundling is later determined and their parentage from foreign parents is subsequently established.

What applies to “confidential” births?

Confidential birth is a support service for pregnant women who wish to keep their pregnancy secret. The reasons for this are often perceived as particularly difficult life situations and/or a threat to their own well-being. Children born confidentially can be delivered safely under a protected identity and with medical assistance. Children born confidentially in Germany are considered the child of a German mother until proven otherwise.

Do the special rights for Turkish nationals also constitute an unlimited right of residence within the meaning of nationality law?

Yes, even the unlimited residence rights under the ARB (e.g. Art. 7 ARB 1/80 and possibly Art. 6 ARB 1/80) represent unlimited residence rights within the meaning of nationality law. Under certain conditions, children of Turkish nationals can therefore acquire German citizenship by birth (Section 4 (3) StaG).

What is the legal basis for reparation naturalization?

Naturalization for compensation is regulated both in the Basic Law (Article 116, Paragraph 2 of the Basic Law) and in the Nationality Act (Section 15 of the Nationality Act).

7. Conclusion

German citizenship can be acquired through descent in various ways – whether through German parents, across multiple generations, or as part of reparations for victims of Nazi persecution. The basis is usually the principle of descent (ius sanguinis), according to which the citizenship of the parents, rather than the place of birth, is decisive. Special regulations such as the generational cutoff for Germans born abroad, proof of paternity for illegitimate children, or residency requirements for foreign parents make the issue complex. Added to this is the possibility of naturalization through reparations for descendants of Germans persecuted by the Nazis – a historically significant special path to regaining citizenship.

Anyone wishing to acquire German citizenship through descent should carefully document their family background and inform themselves early on about deadlines and documentation requirements. Due to the many legal intricacies, we recommend consulting experienced lawyers – especially in cases involving complex issues or missing documents. VISAGUARD is happy to assist you.