Birthright citizenship, also referred to as jus soli in Latin to mean “right of the soil,” is the right of citizenship that one acquires for being born in a particular country regardless of the nationality of their parents. This rule of acquiring citizenship is common in the Americas as compared to the other parts of the world. A study shows that out of the 194 countries that make up the world, little over 30 countries grant citizenship by unrestricted jus soli.
India and Malta have both abolished jus soli in 2004 and 1989 respectively.
Most European countries do not provide a birthright citizenship unless you match a specific criteria (see below)
Unconditional
Here are the countries that recognize birthright citizenship (unrestricted):
- Antigua and Barbuda
- Argentina
- Barbados
- Belize
- Bolivia
- Brazil
- Canada
- Chile
- Costa Rica
- Cuba
- Dominica
- Ecuador
- El Salvador
- Fiji
- Grenada
- Guatemala
- Guyana
- Honduras
- Jamaica
- Lesotho
- Mexico
- Nicaragua
- Pakistan
- Panama
- Paraguay
- Peru
- Saint Kits and Nevis
- Saint Lucia
- Saint Vincent and the Grenadines
- Tanzania
- Trinidad and Tobago
- Tuvalu
- United States
- Uruguay
- Venezuela
United States
The 14th Amendment to the United States Constitution provides that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”. The phrase “subject to the jurisdiction thereof” excludes children born to foreign diplomats and children born to enemy forces engaged in hostile occupation of the country’s territory.
Canada
Canadian citizenship is typically obtained by birth in Canada on the principle of jus soli, or birth abroad when at least one parent is a Canadian citizen or by adoption by at least one Canadian citizenunder the rules of jus sanguinis.
Most children born to Canadian parents before April 17, 2009, were citizens at birth.
For Children were born on or after April 17, 2009, children will only be Canadian at birth if born in Canada and became a naturalized Canadian citizen before they were born
Read more here
Born in Airplane
In the United States, even a child born in the country’s waters or airspace is a U.S. citizen by birth in accordance with the principle of jus soli (right of the soil) — that’s the right of anyone born in the territory of a state to nationality or citizenship.
Children born in Canadian airspace are automatically extended Canadian citizenship, but birth in or over international waters is assessed on a case-by-case basis.
Under the 1961 Convention on the Reduction of Statelessness (73 countries have signed), a birth on a ship or aircraft in international waters or airspace shall be treated as a birth in the country of the ship or aircraft’s registration. However, the convention applies only to births where the child would otherwise be stateless. Since in most cases a child would be covered by one or more countries’ jus sanguinis at birth (getting the same citizenship as its parents), this convention rarely comes into play.
Restricted Jus soli
In some countries toward restricting lex soli by requiring that at least one of the child’s parents be a citizen, national or legal permanent resident of the state in question at time of the child’s birth.
Australia: Since 20 August 1986, a person born in Australia acquires Australian citizenship by birth only if at least one parent was an Australian citizen or permanent resident; or else after living the first ten years of their life in Australia, regardless of their parent’s citizenship status (see Australian nationality law).
Bahrain: Children born to a foreign father with valid residency permits who himself was born in Bahrain have right to citizenship.
Cambodia: In 1996, Cambodia changed the law to only grant citizenship to children born to foreign parents living legally in the Kingdom of Cambodia (under Article 4(2)(a) of the 1996 Nationality Law).[40]
Colombia: A child born in Colombia is a citizen when one of the parents is a Colombian citizen or legal resident.
Dominican Republic: The constitution was amended on 26 January 2010. The amendment broadened the definition of the 2004 migration law – which excluded from citizenship children born to individuals that were “in transit” – to include “non-residents” (including individuals with expired residency visas and undocumented workers).
Egypt: According to Article 4 of nationality law of the Arab Republic of Egypt, persons born in Egypt gain citizenship at birth if the father also was born in Egypt.
France: Children born in France (including overseas territories) to at least one foreign parent who is also born in France automatically acquire French citizenship at birth. Children born to foreign parents may request citizenship depending on their age and length of residence (see French nationality law).
Germany: prior to 2000 Germany had its nationality law based entirely on jus sanguinis, but now children born on or after 1 January 2000 to non-ethnic German descent parents acquire German citizenship at birth, if at least one parent has a permanent residence permit (and had this status for at least three years) and the parent was residing in Germany for at least eight years.
Greece: Apart from regulations in past and historic nationality laws of Greece granting nationality jus soli, Greek Nationality Code of 2004 states that “A person born in Greek territory acquires by birth the Greek nationality if not acquiring alien nationality or is of unknown nationality”.[49] Additionally, as from 2015’s amendment of 2004 Cod (Law 4332 of 2015, G.G. A/76/9 July 2015), a child born in Greece by foreign parents, shall acquire the right of Greek nationality with a combination of preliminary school attendance and parents’ legal residence in Greece (5 years, 10 if the child is born prior to 5 years of legal residence). One year after the implementation of the law (as from July 2016), 6,029 children had been granted Greek nationality, out of 27,720 submitted applications.
Hong Kong: Since the July 1997 transfer of sovereignty over Hong Kong, most political rights and eligibility for most benefits are conferred to permanent residents regardless of citizenship. Conversely, PRC citizens who are not permanent residents (such as residents of Mainland China and Macao) are not conferred these rights and privileges. The Basic Law provides that all citizens of the People’s Republic of China (PRC) born in the territory are permanent residents of the territory and have the right of abode in Hong Kong. The 2001 case Director of Immigration v. Chong Fung Yuen clarified that the parents need not have right of abode[52] and as a consequence many women from Mainland China began coming to Hong Kong to give birth. By 2008, the number of babies in the territory born to Mainland China mothers had grown to twenty-five times the number five years prior.[53][54] Furthermore, persons of Chinese ethnicity (wholly or partly) born in Hong Kong are PRC citizens with permanent residence, even if their parents are non-PRC citizens (e.g. overseas-born Chinese). Non-PRC citizens born to non-PRC citizen permanent resident parents in Hong Kong also receive permanent residence at birth. Other persons must have “ordinarily resided” in Hong Kong for seven continuous years in order to gain permanent residence (Articles 24(2) and 24(5)).
Iran: Article 976(4) of the Civil Code of Iran grants citizenship at birth to persons born in Iran of foreign parents if one or both of the parents were themselves born in Iran.
Ireland: On 1 January 2005, the law was amended to require that at least one of the parents be an Irish citizen; a British citizen; a resident with a permanent right to reside in Ireland or In Northern Ireland; or a legal resident residing three of the last four years in the country (excluding students and asylum seekers) (see Irish nationality law).[38] The amendment was prompted by the case of Man Chen, a Chinese woman living in mainland United Kingdom who travelled to Belfast (Northern Ireland, part of the UK) to give birth in order to benefit from the previous rule whereby anyone born on any part of the island of Ireland was automatically granted Irish citizenship. The Chinese parents used their daughter’s Irish (and thereby European Union) citizenship to obtain permanent residence in the UK as parents of a dependent EU citizen. Ireland was the last country in Europe to abolish unrestricted jus soli.
Luxembourg: A person born in Luxembourg is automatically a Luxembourg citizen if at least one of their parents was also born in Luxembourg.
Malaysia: A person born in Malaysia on or after 16 September 1963 with at least one parent being a Malaysian citizen or permanent resident is automatically a Malaysian citizen (see Malaysian nationality law).
Morocco: A person who was born in Morocco to parents also born in Morocco and whose immigration is legal, can register as a Moroccan two years prior to becoming adult.
Namibia: A person born in Namibia to a Namibian citizen parent or a foreign parent who is ordinarily resident in Namibia, is a Namibian citizen at birth (seeNamibian nationality law).
New Zealand: Since 1 January 2006, a person born in New Zealand acquires New Zealand citizenship by birth only if at least one parent was a New Zealand citizen or permanent resident (includes Australian citizens and Permanent Residents) (see New Zealand nationality law), or if to prevent being stateless.
Portugal: A child born in Portuguese territory to who does not possess another nationality is a Portuguese citizen. Also, a person born to foreign parents who were not serving their respective States at the time of birth is a Portuguese citizen if the person declares that they want to be Portuguese and provided that one of the parents has legally resided in Portugal for at least two years at the time of birth.
South Africa: Since 6 October 1995, a person born in South Africa to South African citizens or permanent residents are automatically granted South African citizenship (see South African nationality law).
Spain: A child born in Spain to foreign parents may acquire Spanish citizenship jus soli if either one of the parents was also born in Spain, or neither of the parents can transmit their nationality to the child (including the stateless parents).
Sudan: A person born before 1994 gains Sudanese nationality at birth if his father was also born in Sudan. If his father was not born in Sudan, he can apply to the Minister to be granted Sudanese nationality.
Thailand: Thailand operated a system of pure jus soli prior to 1972. Due to illegal immigration from Burma, the Nationality Act was amended to require that both parents be legally resident and domiciled in Thailand for at least five years for their child to be granted Thai citizenship at birth. Furthermore, someone who has Thai citizenship by sole virtue of jus soli may be stripped of Thai citizenship under various conditions (such as living abroad), which does not apply to people who have Thai citizenship by virtue of jus sanguinis.
Tunisia: Individuals born in Tunisia are citizens by birth if their father and grandfather were born in Tunisia. Additionally, the person must declare before becoming an adult (20 years) that he wants to be a citizen.
United Kingdom: Since 1 January 1983, at least one parent must be a British citizen or be legally “settled” in the country or upon the 10th birthday of the child regardless of their parent’s citizenship status (see British nationality law).
