In the modern world, there are different approaches to determining the citizenship of newborns. Some states apply the principle of jus soli (“law of the soil”), when citizenship is granted automatically to all children born on the territory of the country, regardless of the nationality of their parents. Others are guided by the principle of jus sanguinis (“right of blood”), according to which a child acquires citizenship by descent from its parents. Some countries have a mixed system or set additional conditions for granting citizenship to newborns.
Countries that grant citizenship by right of birth (jus soli)
States that apply the jus soli principle without any restrictions include the United States, Canada, Argentina, Brazil, Mexico, Venezuela, Guyana, Paraguay, Peru, Uruguay, Saint Kitts and Nevis, and Barbados. In these countries, any child born on the territory of the state automatically becomes its citizen, regardless of the citizenship of the parents. This approach was historically formed in the countries of America, which encouraged migration and sought to quickly integrate new citizens into their societies.
In the USA, the right to birthright citizenship is enshrined in the 14th Amendment to the Constitution. In Canada, this right is also guaranteed by law and applies without any additional conditions. In Latin American countries, similar norms are enshrined in national constitutions and immigration laws.
European approach: limited jus soli and jus sanguinis
In most countries of the European Union, the principle of jus sanguinis is applied, that is, citizenship is passed on to children from their parents. However, some European states have certain exceptions and allow citizenship by birth if additional conditions are met.
- Ireland – a child acquires citizenship if at least one parent is a citizen of Ireland or Great Britain, or has been legally resident in the country for at least three years before the child’s birth.
- France – Citizenship is automatically granted upon reaching the age of 18 if the child has lived in France for at least five years since the age of 11. In some cases, citizenship can be obtained earlier – from the age of 13 or 16.
- Germany – a newborn can become a citizen if at least one parent has a permanent residence permit and has lived in Germany for at least eight years.
- Portugal – a child acquires citizenship if at least one of the parents legally resided in the country for a year before the child was born.
- Belgium grants citizenship to children if at least one of their parents has lived in the country for five years before their birth.
In most other European countries, children born to foreigners can acquire citizenship through naturalization after long residence in the country.
Exceptional cases and special conditions
In addition to the above rules, some countries grant citizenship to children born on their territory if they are not eligible for citizenship of any other state. This rule applies, for example, in Great Britain and some Scandinavian countries. There are also separate programs for children of refugees and stateless persons.
Therefore, the principle of granting citizenship by birth differs significantly in different countries. While the US, Canada and most Latin American countries guarantee automatic citizenship to all newborns in their territory, in Europe and other parts of the world the principle of “blood right” prevails, with limited exceptions. Prospective parents planning to have a child abroad should carefully familiarize themselves with local laws to avoid misunderstandings and consider all possible consequences for their future citizenship and child rights.
