Birthright citizenship dates back to colonial times and is based on the principle of “Jus Soli,” right of land. It means individuals can get citizenship upon birthplace regardless of their parents’ nationality status. On the other hand, some countries give citizenship based on the “Jus Sanguinis” principle, meaning “right of blood.”
In this context, we will examine the map of countries with birthright citizenship and explain the restricted and unrestricted birthright citizenship. This will give you a clear picture of what to expect.
What to Discover in This Guide?
- What is Citizenship by Birthright?
- Jus Soli vs Jus Sanguinis
- What Countries Have Birthright Citizenship?
- Top 10 European Countries with Birthright Citizenship
- Other Countries with Birthright Citizenship
- Pros and Cons of Birthright Citizenship
- Alternative Options for Citizenship
- FAQs on Countries with Birthright Citizenship
What is Citizenship by Birthright?
During colonial times, birthright citizenship began to take shape when the settlers born in the US were considered the subjects of the King of England. The modern legal foundation for birthright citizenship in the US was later established with the adoption of the 14th Amendment in 1868, following the Civil War. It aimed to grant citizenship to former slaves and their families and prevent the act of statelessness.
Today, along with the United States, 33 countries allow birthright citizenship without restriction. On the other hand, some countries provide restricted birthright citizenship, which means you must meet certain requirements to become a citizen.
For instance, some nations require that at least one parent reside in the country legally for a specified period. Others may grant citizenship to children if the mother is unmarried or if her home country does not recognize maternal citizenship to prevent statelessness.
Jus Soli vs Jus Sanguinis
There are two main ways to get citizenship by birth: Jus Soli and Jus Sanguinis. Jus Soli is a Latin term that means “right of the soil.” It comes from English Common Law. It means that a person can become a citizen just by being born in a country, even if their parents are not citizens.
This type of citizenship is mostly unrestricted Jus Soli. Countries like the United States and Canada follow this principle. They are the only developed countries that still give citizenship to almost anyone born on their land. In total, about 33 countries follow this rule.
Jus Sanguinis, on the other hand, means “right of blood” in Latin. The concept comes from French Law. It means that a person gets citizenship through their parents, even if they are born in another country. In this case, the bloodline or family connection matters.
What Countries Have Birthright Citizenship?
Countries offer two types of birthright citizenship: Restricted and unrestricted.
Restricted Birthright Citizenships
Some countries have restricted birthright citizenship. This means not everyone born in the country can become a citizen automatically. Similarly, not everyone whose ancestor is from another nationality can claim citizenship. Here, restrictions apply based on immigration status, parents’ nationality, and generation.
One reason for this is the fear of illegal immigration. Sometimes, people travel to a country just to give birth there as part of birth tourism. In this way, their child can get citizenship even if they don’t plan to stay or live there. To prevent this, many countries have added rules, like requiring at least one parent to be a citizen or legal resident.
Here is the list of countries with restricted birthright citizenship:
Unrestricted Birthright Citizenship
- Unrestricted or unconditional birthright citizenship means anyone born in the country becomes a citizen, no matter where their parents are from, in Jus Soli.
- Accordingly, if your descendants are from another nation, you can claim citizenship regardless of where you live based on the Jus Sanguinis principle.
Here is the list of countries with unrestricted birthright citizenship:
Top 10 European Countries with Birthright Citizenship
Although most European countries do not offer full birthright citizenship, several still grant it under certain conditions. Let’s look at the top 10 European countries with birthright citizenship.
1. Portugal
Portugal grants conditional citizenship by birthright. To acquire citizenship:
- The child must be born in Portugal,
- One of his/her parents must be from Portugal or reside there. So that they can prove their residence or birthplace.
Besides, you can apply for Portuguese citizenship later on if:
- The child is stateless.
- One of the parents has lived in Portugal and not worked in their home country for five years.
- The mother or father has a 5-year residence permit.
- The kid completes primary school in Portugal.
- One of the parents obtains citizenship after the child is born on condition that they meet the necessary conditions.
2. Spain
Spain is among the countries that recognize Jus Sanguinis, the right of blood. This means you have to follow certain criteria to become a Spanish citizen by birthright. These are:
- If one of the parents is Spanish, no matter where they live, the child can claim citizenship.
- If the child is stateless. This can happen when the parents are stateless or the parents’ home country does not recognize the child’s nationality, born in a foreign territory.
3. Greece
Claiming birthright citizenship by birth has some conditions. These include:
- If the mother or father is a Greek citizen.
- If one of the parents has lived in Greece for 5 years or more.
- If one of the parents has lived in the country for 5 years, and the child has completed elementary school in Greece.
4. Latvia
When the child is born in Latvia after January 1, 2020, he/she can be granted citizenship by birthright if:
- One of the parents is stateless.
- Parents are non-citizens.
- One of the parents is a non-citizen, while the other is stateless.
- One of the parents is a non-citizen, while the other is a citizen of another country.
5. Malta
A child can grant birthright citizenship in Malta, if she/he meet the following criteria:
- If one of the parents is Maltese.
- Regardless of their parents’ nationality status, anyone born in Malta before 1 August 1989 is a part of unconditional Jus Soli.
6. Germany
German citizenship can be acquired through birthright with the following conditions:
- If one of the parents is German.
- If you are not married, but the child is from a German citizen, your child can only get citizenship through the father’s recognition.
- If one of the parents lives there for eight years and has a permanent residence on and after January 1, 2000 (Note that the child must determine between German citizenship and the other nationality when she/he is 18-23 years old.)
7. France
French nationality law states that you can acquire birthright citizenship if:
- A child born in France gets citizenship at birth if one parent is French or was also born in France.
- Children born abroad to a French parent are automatically French.
- Stateless children or those abandoned in France are granted citizenship.
- Those born in France to foreign parents become citizens at 18 if they’ve lived in France for 5 years since age 11.
- Children under 16 may get citizenship earlier through a declaration by parents, with consent required after age 13.
8. Belgium
According to the Belgian Nationality Law, a child born in Belgium can be granted citizenship on condition that:
- One of the parents must be a Belgian citizen.
- The parents are stateless.
- Having a Belgian-born parent who has lived in Belgium for 5 years before the child’s birth.
- Living in Belgium since birth, and one of your parents has lived there for at least 10 years.
- Being adopted by a Belgian citizen or a foreign citizen who has lived there for 5 years.
9. Finland
To acquire citizenship by birthright in Finland on condition that:
- If the mother is a Finnish citizen.
- If the father is a Finnish citizen and is married to the mother of the child.
- If the father recognizes the child born in Finland after 1 June 2003.
- If the child is born in Finland and whose maternity has been approved on or after 1 April 2019.
- A child born in Finland after 1 April 2019 can acquire citizenship if a Finnish citizen is legally recognized as their mother, even if not the birth mother.
10. Ireland
With the updates on the Constitution of Ireland, people cannot automatically obtain Irish citizenship. You need to follow these requirements if they apply to you:
- If the child is born before 1 January 2005
- One of the parents is an Irish, British, or a resident in the country for at least 3 years out of 5 before you are born.
- If the child does not have a citizenship status.
- Automatically an Irish citizen if the parent was born in Ireland and is entitled to Irish citizenship.
- Citizenship depends on the parents’ status if you are born in Ireland on or after 1 January 2005.
- If at least one parent was an Irish or UK citizen at the time of birth, the child is automatically Irish.
Other Countries with Birthright Citizenship
While many countries have restrictions on birthright citizenship, there are several others around the world, outside Europe, that grant automatic citizenship to anyone born on their soil.
1. Canada
Canada is one of the most developed countries that grants citizenship by birth without restriction. Therefore, when you are born in Canada, you can be eligible for citizenship regardless of your parents’ nationality or residence status.
However, children born to foreign diplomats or representatives of foreign governments in Canada are not automatically granted Canadian citizenship. Diplomats’ children are exempt from the automatic acquisition of citizenship due to the principles of diplomatic immunity.
2. United States
Since 1868, the 14th Amendment to the US Constitution, the US has given birthright citizenship. Although there are some speculations that the US may end birthright citizenship on February 19, 2025 based on President Trump’s explanations, there is still no clear information about it.
You can become a US citizen through your birthright regardless of your parents’ nationality or residency, except for children of diplomats and foreign military personnel.
3. Antigua and Barbuda
Antigua and Barbuda offer citizenship through birthright if:
- Individuals born in Antigua and Barbuda, except for children of diplomats or parents from countries at war with Antigua and Barbuda.
- Individuals born abroad to a parent or grandparent who was Antiguan and Barbudan at the time of independence in 1981 or would have been if they hadn’t passed away.
- Individuals born abroad to parents working for the government.
4. Mexico
According to the Mexican nationality law, you can grant birthright citizenship on condition that:
- If you are born in Mexico, you can be granted citizenship regardless of your parents’ nationality.
- If you are born in another country, but your parents are from Mexico.
- If you are born in an aircraft or vessel due to the war, or as a merchant.
Note that dual nationality in Mexico is also possible, which means you can hold dual citizenship at the same time.
5. St Kitts and Nevis
St Kitts and Nevis offers citizenship by birth without condition. Therefore, anyone born in the country’s territory can claim citizenship.
6. New Zealand
To become a New Zealand citizen by birthright, you need to meet one of the following requirements:
- Those born in New Zealand before 1 January 2006 are citizens by birth (except children of foreign diplomats). Cook Islands, Tokelau, and Niue citizens are also citizens by birth.
- Children born in New Zealand after 1 January 2006 are citizens by birth if at least one parent is a New Zealand or Australian citizen, or a citizen of the Cook Islands, Tokelau, or Niue.
- People born abroad to New Zealand citizens by birth can apply for citizenship by descent.
7. St. Lucia
Obtaining St. Lucia citizenship through birthright can be completed:
- If the child is born in St. Lucia, no matter where their parents live or reside.
- When the child is born outside the country, he/she claim citizenship if their parents are St. Lucia citizens.
- If the child is adopted by a St. Lucia citizen.
8. Brazil
According to the Brazilian nationality law, people can get citizenship by birthright if:
- They are born in Brazil regardless of their parents’ nationality.
- If you are born outside of Brazil, you can claim citizenship on condition that:
- Your parents work for the Brazilian government,
- You are registered at the Brazilian Consular Office.
- You move to Brazil and apply for your citizenship after reaching the age of 18.
9. Dominica
You can obtain citizenship by birthright in Dominica if you are born there, regardless of your family’s citizenship or residency status. You can also claim citizenship if one of your parents is Dominican.
10. Australia
Based on Australian Nationality Law, you can get citizenship by birth if:
- You were born there before 20 August 1986, regardless of your parents’ nationality.
- If you were born after 1986, one of your parents must be Australian or a permanent resident.
- If your parents are New Zealand citizens and you were born in Australia after 1 July 2022
Pros and Cons of Birthright Citizenship
Birthright citizenship can provide you with a lot of opportunities, especially when global mobility matters a lot. On the other hand, the governments may deal with some of the negative aspects of it. Now, let’s look at the ups and downs of birthright citizenship.
Pros of Birthright Citizenship
- It ensures all children born in a country are legally protected.
- It prevents statelessness.
- It has a very simple pathway to citizenship. With birth certificates and a few necessary documents, you can get rid of the complex legal background checks.
- It promotes equality and inclusion.
- It helps integrate immigrant children into society.
Cons of Birthright Citizenship
- It may encourage “birth tourism” (traveling just to give birth).
- There is a risk of misuse by undocumented immigrants.
- It could overwhelm public services if it is used excessively.
- Some argue it can weaken the meaning of national identity.
- It can create legal challenges in mixed-status families.
Alternative Options for Citizenship
There are also other ways people can become citizens besides birthright.
Citizenship by Naturalization
Citizenship by naturalization is granted after living in a country for a certain number of years for foreign immigrants. It often includes requirements like language skills, a test on national history/laws, and good moral character.
You can get a residence permit in a country that offers citizenship by naturalization by staying there for a while. One way to do this is through Golden Visa programs. For example, if you apply for Italy’s Golden Visa, you have to make a minimum €250,000 investment and keep it for at least 10 years. Then, you can apply for citizenship through naturalization.
You can apply for naturalization through other visa programs, too. For instance, the Spain Digital Nomad Visa provides you with the possibility to apply for citizenship after five years if you meet certain criteria.
Citizenship by Investment
Citizenship by investment allows wealthy individuals to gain citizenship by making a qualifying investment in the country (e.g., real estate, business, or government bonds). The most popular ones include Caribbean countries. These programs have fast processing times and family inclusion opportunities compared to birthright citizenship.
As an example, St. Kitts and Nevis citizenship by investment program grants citizenship in around 4-6 months. You can also add your family members, including your spouse, children, grandparents, and siblings.
FAQs on Countries with Birthright Citizenship
Is there birthright citizenship in the UK?
No, birthright citizenship in the UK was abolished in 1983. Citizenship by birth is now dependent on the parents’ citizenship or immigration status.
Can my child get UK citizenship if born overseas?
Yes, a child born overseas can acquire UK citizenship if at least one parent is a British citizen or has settled status.
What if I were born in the UK before 1983?
If born in the UK before 1983, you are a British citizen by birth, regardless of your parents’ nationality.
Does Britain allow dual citizenship?
Yes, Britain allows dual citizenship. You can hold British citizenship alongside another nationality.
What happens if a foreigner has a baby in the USA?
The baby will automatically acquire US citizenship, regardless of the parents’ nationality.
