Russia’s full-scale invasion forced thousands of Ukrainian families to seek refuge abroad, many of them leaving the country without the opportunity to return even to resolve vital issues. One of these issues was the acquisition of Ukrainian citizenship by newborn children born outside the Motherland. According to the UN, more than 50,000 Ukrainian children were born abroad since the beginning of the war. Such cases have raised serious questions about the registration of citizenship for babies, as well as about the possibility of dual citizenship depending on the legislation of the country of birth.
The procedure for obtaining Ukrainian citizenship for newborns abroad
Ukrainian legislation provides several basic criteria for obtaining citizenship for children born abroad. The main conditions are:
- both parents have Ukrainian citizenship at the time of the child’s birth;
- one of the parents is a citizen of Ukraine, and the other is a foreigner;
- the child was born on the territory of Ukraine to foreign parents who permanently reside in the country.
Therefore, the place of birth of a child does not affect the right to obtain citizenship. However, for children born abroad, the procedure for confirming Ukrainian citizenship through consular institutions is mandatory.
The process of registering a newborn child as a citizen of Ukraine
To obtain Ukrainian citizenship, a child must be registered through a consular institution. This procedure includes several stages:
- establishing the origin of the child (checking the parents’ documents confirming their citizenship);
- assignment of surname, first name and patronymic;
- execution of documents confirming Ukrainian citizenship.
Deadlines for submitting documents and necessary certificates
To register a child’s citizenship, an application should be submitted within one month of the child’s birth. In case of stillbirth, the application should be submitted within three days. The following documents are required for the successful completion of the procedure:
- Medical birth certificate, certified in the prescribed manner;
- Passport of one of the parents;
- Application for registration of a child as a citizen of Ukraine.
After completing registration, parents receive a certificate that officially confirms the child’s citizenship of Ukraine. The procedure is free, but parents may require additional legalization or apostille of medical documents according to the requirements of the host country.
Peculiarities of obtaining citizenship in EU countries
Most European countries adhere to the principle of single citizenship, but some allow dual citizenship under certain conditions. Features include:
- Germany. In order for a child to receive German citizenship, at least one of the parents must have lived in Germany for more than 8 years, have a permanent residence permit, know the German language and financially support the family.
- Greece and Ireland. In Greece, parents must live in the country for at least 5 years before the birth of the child, and in Ireland – for at least 4 years. Such requirements help countries control the number of new citizens, ensuring that families have a permanent connection to the country.
- France. According to French law, a child automatically acquires citizenship if one of the parents is a French citizen. In cases where both parents are foreigners, naturalization of the child is possible after a certain period of residence in France.
North America and Latin America: USA, Canada, Mexico
Some countries, including the United States, Canada, and Mexico, grant citizenship to all children born on their territory. For example:
- USA. Any child born in the country automatically receives American citizenship. In addition, after reaching the age of 21, such a child has the right to help his parents legalize through the family reunification program.
- Canada. It also automatically grants citizenship to children born in the country. For this, parents only need to submit the child’s birth certificate.
- Mexico. Mexican citizenship is granted to children born in the country automatically, and their parents can apply for citizenship after two years by passing exams in the language and history of the state.
Most South American countries have a similar system, although there are exceptions, such as Peru and Colombia, where special requirements apply to the child’s citizenship.
Caribbean countries: citizenship privileges
Caribbean countries also automatically grant citizenship to children born on their territory. This citizenship provides a number of advantages:
- visa-free trips to the Schengen zone and Great Britain;
- benefits when applying for an American tourist visa;
- the opportunity to get an education at British universities on preferential terms.
Ukrainian dual citizenship: nuances for parents
In Ukraine, dual citizenship is not officially recognized, so even if a child has a passport of another country, he still remains a citizen of Ukraine. Parents should pay attention to this aspect and take into account all legal and practical nuances, because their child is subject to Ukrainian legislation. Dual citizenship can cause legal difficulties in the future, especially in the case of entering the civil service or choosing certain professions.
Before making a decision on the registration of dual citizenship for a child, it is worth contacting specialists in migration law. They will help you avoid legal complications, familiarize yourself with all the requirements of the legislation of both Ukraine and the host country, and will also suggest the best way to draw up documents.
Recommendations for Ukrainian families
For those parents who are expecting the birth of a child abroad or have already given birth to a baby outside of Ukraine, it is important to remember a few recommendations:
- familiarize yourself with the rules for granting citizenship in the host country in advance;
- make sure that all necessary documents are legalized for use abroad or have an apostille;
- apply to the consular institution of Ukraine for registration of Ukrainian citizenship of the child, observing all deadlines;
- consider consulting with a lawyer to choose the best option for citizenship.
The issue of citizenship of newborn children of Ukrainians abroad is complex and requires familiarity with the legal aspects of both Ukrainian and international legislation. For many families, the processing of documents is complicated by legal restrictions governing citizenship. In order to ensure the rights of their children and avoid legal complications, parents should carefully prepare for the procedure, contact the competent institutions, and consider all the prospects and limitations of dual citizenship.
