Русский
English
Acquiring citizenship through birth is a widespread practice, but the conditions may vary depending on the legislation of a particular State. Two key principles apply in most countries:
- jus soli (law of the soil), when a newborn is automatically legalized at the place of birth;
- jus sanguinis (the right of blood), according to which the status is inherited from the ancestors.
In 2024, the trend of stricter immigration laws became dominant. A number of jurisdictions are reviewing their laws, introducing additional conditions for this procedure. The goal is to prevent illegal immigration and abuse of the system. Many families are interested in the possibility of acquiring a second citizenship for their descendants in order to diversify risks and expand personal prospects. The status of a citizen of another state can provide visa-free travel around the world, access to quality education, medicine and social guarantees.
Rules for obtaining citizenship during childbirth abroad
The main global principle of obtaining residency at birth is the law of the soil (jus soli). In many States, newborns born on their territory automatically become citizens, regardless of the nationality of their legal representatives. In some countries, there are restrictions: citizenship by right of soil is granted if at least one of the parents is a permanent resident of the country.
Filiation is the process of granting citizenship to a newborn on the basis of his birth on the territory of a certain state. Countries with conditional soil law require that legal representatives have a residence permit or the right to permanent residence at the time of the baby's birth.
Conditions under which soil law does not apply:
- The legal representatives are foreign diplomats;
- The applicants are in the territory illegally;
- Candidates do not permanently reside in the country.
In some jurisdictions, a hybrid model is used: birth on the territory plus the condition of long-term residence of the parents.
If the birth takes place on an airplane, the residency is determined by the country of registration of the aircraft or the State over whose territory the legal representatives are located at the time of the birth of the baby. In some situations, a newborn may apply for citizenship of several jurisdictions.
Second citizenship by right of birth
It is possible in countries where the principle of jus soli applies. For example, a baby born in the United States becomes an American citizen, and his legal representatives can apply for a residence permit only after 21 years.
Existing legal restrictions in most European countries: one of the legal representatives must have a residence permit or reside in the region for a certain time on other legal grounds. Age also matters. For example, in Luxembourg and Spain, a minor is eligible for legalization only after reaching the age of 13 and 18, if the requirements for the period of residence or the status of legal representatives are met.
The cost of giving birth abroad to acquire a second citizenship for a newborn varies depending on the chosen country. For example, in the United States, the average price for childbirth ranges from $10,000 to $30,000, depending on the state, medical institution and level of services provided. This amount includes the costs of prenatal care, medical services and hospitalization.
Where a child is given citizenship upon birth
The main international document aimed at preventing statelessness is the UN Convention on the Reduction of Statelessness (1961). The document obliges states to legalize children born on their territory if they do not have the opportunity to obtain parental residency. The Convention operates in conjunction with the Convention on the Status of Stateless Persons (1954), which protects the rights of persons without citizenship.
The Convention on the Rights of the Child (1989), ratified by most States, includes provisions obliging Governments to recognize everyone's right to residency, especially if, in the absence of this right, they may remain stateless. Article 7 of the Convention enshrines the child's right to receive status from the moment of birth and obliges to take the necessary measures to implement it.
Argentina
Argentina grants citizenship to all who were born on its territory, without any conditions. Regardless of the nationality of the parents, the newborn automatically becomes an Argentine. Parents can apply for a residence permit under a simplified procedure based on the status of their son or daughter.
To obtain a residence permit, you will need:
- a passport;
- apostilled and translated birth certificate;
- The Argentine Identity Card (DNI) of the child;
- certificate of residence and no criminal record (for applicants over 16 years old).
Argentine citizens have access to free education, medicine and other social benefits. The family gets the opportunity to legally live and work in the state, which facilitates integration into society and improves the quality of life.
Chile
In Chile, everyone who was born on its land receives the status, except in cases with diplomats or transit passengers. The parents of a Chilean citizen can apply for permanent residence on the basis of kinship. You can get a permit by providing a passport, an apostilled certificate of non-conviction.
Brazil
About 2.9 million children are born in Brazil every year, all of whom receive a Brazilian passport regardless of the residence of their parents. The Government grants citizen status to everyone who was born on its territory. Foreign parents can obtain permanent residence based on the birth of a baby if their child is already a Brazilian citizen.
Requirements for applicants:
- Documentary proof – it is necessary to provide a birth certificate issued in Brazil.
- Financial viability – candidates must demonstrate financial capabilities for self-sufficiency. There are no exact requirements for the amount, but in general, confirmation of a stable income is sufficient.
- Criminal record check – it is required to provide certificates of non-criminal record for the last 5 years.
- Physical presence in Brazil – you can apply only while in the country.
Panama
In Panama, children born in the country have the right to citizenship. However, for foreign parents, this does not mean automatically obtaining the right to permanent residence. The father and mother must apply for naturalization after having lived in Panama as residents for at least 3 years.
Requirements for applicants:
- good reputation (confirmed by certificates of non-conviction);
- financial viability (provision of bank statements and other evidence of stable income);
- basic knowledge of Spanish;
- integration into the local community.
USA
The United States has full soil law. According to the Centers for Disease Control and Prevention (CDC), about 3.7 million babies are born each year in the country. Of these, a significant part are the children of foreigners who automatically receive American citizenship by right of birth.
In the United States, according to the 14th Amendment to the Constitution, everyone born in the country becomes its citizen. Foreign parents do not receive an automatic residence permit, but upon reaching the age of 21, a son or daughter can apply for family reunification.
Application procedure:
A petition for family reunification. Submitted through the U.S. Citizenship and Immigration Services (USCIS).
You must provide a birth certificate indicating kinship with the parent, as well as, if the applicant was not born in the United States, a copy of your passport or naturalization certificate.
The applicant is required to submit Form I-864 (Affidavit of Support) in order to prove the ability to financially support himself, according to the established income threshold.
If the father or mother is abroad, the interview is conducted at the consulate, and if in the United States, then you can apply (Form I-485) for a change of status to obtain a green card on the spot.
Mexico
Mexico grants citizenship to all who were born on its territory. Parents can apply for permanent residency under the Family Unity program. Basic requirements:
- Confirmation of kinship. It is necessary to provide a birth certificate of the child confirming that he was born in Mexico.
- Application for residency. Foreign parents apply for permanent residence.
- Accommodation requirements. After 2 years of residence as a permanent resident, the father and mother can apply for naturalization.
Canada
Canada applies the principle of "soil rights", granting citizenship status to everyone who was born on its territory. In order to obtain the right of residence, the father and mother must apply for a residence permit under standard immigration programs.
To obtain a residence permit, you will need to go through the characteristic stages – obtaining temporary residence and fulfilling the conditions for verification of trustworthiness. The right to permanent residence can be obtained, for example, through an economic migration program or family sponsorship.
Israel
In Israel, newborns become citizens if at least one of the parents is Israeli or on the basis of the Law «On Return for Persons of Jewish Nationality». Children from resident parents can apply for citizenship if certain conditions are met. One of the main criteria is the child's permanent residence in the country, documented (for example, school attendance data or medical records).
To apply for a child, one of the parents must have the right to permanent residence or be an Israeli citizen. The application is submitted to the Department of Population and Migration.
Portugal
A newborn will become Portuguese if one of the parents has been legally residing in the state for at least 2 years. The father and mother can apply if this condition is met. If the legal representatives of the newborn do not have permanent residence or other legal status, but have lived in Portugal for more than 1 year, then the baby can apply for the appropriate documents.
The receipt procedure involves the following steps:
- Birth registration.
- Submitting an application.
- Provision of a package of documents.
The acquired status gives the opportunity to move freely around the EU, as well as opens up access to quality education and medicine.
Uruguay
The Government of Uruguay grants citizenship to all who were born on its territory, regardless of the civil status of the parents. Foreign parents can apply for permanent residence on the basis of the nationality of their son or daughter immediately after birth registration.
After 3 years of legal residence in the country, legal representatives receive the right to join the permanent residence program, and then citizenship.
Spain
Children born in Spain automatically receive Spanish citizenship if at least one parent already has residency. The legalization of parents is possible provided that they legally reside in a country with a valid residence permit at the time of the baby's birth. If the representatives do not have a valid residence permit, then the child can become a citizen only 1 year after the parents have been granted legal status.
The right also appears if foreign parents are stateless or their state does not grant status on the principle of «blood rights».
Serbia
Serbia grants residency at birth on its land if the father and mother are unknown, stateless or unable to transfer their citizenship to the newborn. Foreign parents can participate in the residency program through other means – naturalization or marriage to a Serbian citizen.
For legalization, it is required to live in the Republic on a permanent basis for 3 to 5 years or to be married to a Serbian citizen for at least 3 years.
The registration process: a step-by-step action plan
It is necessary to choose a jurisdiction in which the principle of jus soli applies. Before planning childbirth, it is necessary to study the requirements for legal representatives and explore possible ways to obtain a residence permit.
Before the trip, it is important to collect all the necessary papers: foreign passports, visas (if necessary), medical insurance to cover the costs of childbirth. It is necessary to make sure that all the documents required for the registration of the baby in the civil registration authorities after his birth are available.
After giving birth in the territory of the chosen state, the father and mother must contact the local registry office to issue a birth certificate. This document is the first confirmation of the child's civil status and must be received as soon as possible with registration with government agencies.
After receiving the birth certificate, it is necessary to issue a national identity document for the baby (for example, DNI in Argentina or Social Security Number in the USA). The certificate allows the newborn to legally stay in the country. Then you should apply for a foreign passport to ensure that you can travel outside the state.
In some countries, such as Argentina and Mexico, a father and mother have the right to apply for a residence permit immediately after the birth of a son or daughter. The registration process usually takes several months and requires proof of income and place of permanent residence.
In States with the right of soil, legal representatives can apply for civil status under a simplified procedure after 2-3 years of legal residence (for example, in Argentina or Brazil). To do this, you must regularly renew your residence permit and comply with all requirements of local legislation.
After the established period of residence (for example, 2 years in Argentina), the father and mother can apply for a passport. You will need to provide proof of legal residence, stable income and no criminal record. The application is submitted through the immigration services of the selected state.
After successful completion of all procedures, the parents receive residency in the country in which their son or daughter was born. Then you can apply for a national passport, which opens access to visa-free entry to a number of destinations (for example, an Argentine document allows you to visit more than 160 destinations without a visa).
Confirmation and registration
After the birth of a child in the territory of the country where the principle of jus soli applies, it is necessary to undergo the procedure of registration of the newborn and confirmation of citizenship.
The registration procedure involves the following steps:
- Obtaining a birth certificate. It is issued at the local registry office on the basis of a certificate from the maternity hospital. The certificate is the main document confirming the identity of the baby.
- Registration of an internal passport or a similar identity card. For example, in Argentina, a newborn is given a DNI — an internal passport that confirms the assigned status.
- Registration of the child at the place of residence of the father and mother. To do this, you must submit an application to the local authorities and provide documents confirming your place of residence and legal status.
Recommendations for parents:
- All documents must be executed in the language required by local law.
- The possibility of dual citizenship is an option. In some countries, a child can acquire a status by birth and inheritance.
- It is necessary to study the rules for obtaining a residence permit for the father, mother and the deadlines for submitting applications.
Proper paperwork, registration of a newborn and compliance with all the requirements of the country provide the family with the necessary legal guarantees and access to full rights.
The Spanish Nomad Visa allows you to do what you love in a country with a warm climate and a European standard of living.
A beautiful country with developed infrastructure and friendly people. Everything you need to know about the Croatian Digital Nomad Visa
By submitting this form, you accept our privacy policy and agree that your personal information will be kept secure and not shared with third parties.