Countries With Birthright Citizenship: Unrestricted and Conditional Jus Soli Explained

Birthright citizenship, also known as jus soli citizenship, is the legal principle that grants citizenship to anyone born within a country’s territory, regardless of their parents’ nationality or immigration status.

This right can take the form of unconditional birthright citizenship, which provides automatic citizenship to all children born on national soil (with few exceptions, such as children of foreign diplomats), or conditional birthright citizenship, where at least one parent must meet certain residency or citizenship requirements.

As of 2025, there are dozens of countries with birthright citizenship around the world, though the rules vary by region. While unrestricted birthright citizenship remains common in the Americas, many European countries with birthright citizenship apply conditions such as a parent’s legal permanent residency or years of continuous residence. These differences influence nationality, immigration policy, and the prevention of statelessness.

In this guide, we provide the list of countries with birthright citizenship, both unconditional and conditional, covering the number of countries with citizenship by birth globally, recent changes to citizenship laws, and the documentation required to claim birthright citizenship.

• What is birthright citizenship?
• Types of Birthright Citizenship Around the World
• List of Countries With Birthright Citizenship
• Birthright Citizenship by Region
• Pros and Cons of Birthright Citizenship
• Documentation and Requirements for Citizenship by Birth
• Alternative Routes to Citizenship
• Frequently Asked Questions

What is birthright citizenship?

Birthright citizenship is a legal right that grants nationality to individuals born within a country’s territory, regardless of their parents’ citizenship or immigration status. Rooted in the legal principle of jus soli (“right of the soil”), it means that citizenship is acquired by place of birth rather than by descent.

This system is distinct from jus sanguinis (“right of blood”), in which a child’s nationality is determined by the citizenship of one or both parents, regardless of where the child is born. Many nations apply a mix of both principles, but countries with birthright citizenship base at least part of their nationality law on jus soli.

Historically, birthright citizenship has been used to:

• Encourage integration of newcomers.
• Prevent statelessness, particularly for children of unknown or stateless parents.
• Establish a clear and inclusive path to automatic citizenship at birth.

The scope of birthright citizenship varies worldwide, with some nations offering it unconditionally, while others apply specific requirements for eligibility. These differences form the basis for the two main categories we’ll explore below.

Types of Birthright Citizenship Around the World

Globally, countries with birthright citizenship fall into two broad categories:

• Unrestricted jus soli (unconditional birthright Citizenship): Citizenship is automatically granted to nearly all individuals born in the country, regardless of their parents’ nationality or legal status. Exceptions are rare and typically include children of foreign diplomats or enemy forces in hostile occupation. This model is most common in the Americas, where countries such as the United States, Canada, and Brazil guarantee citizenship at birth.
• Restricted jus soli (conditional birthright citizenship): Citizenship is granted at birth only if at least one parent meets specific requirements, such as holding permanent residency, having legally resided in the country for a set number of years, or already being a citizen. This approach is more typical in European countries with birthright citizenship like Portugal, France, and Germany, as well as in parts of Asia and Africa.

List of Countries With Birthright Citizenship

The number of countries with birthright citizenship has declined over the last few decades, but it remains a defining element of nationality law in many nations. Today, countries around the world with citizenship by birth follow either unrestricted jus soli (automatic citizenship to almost anyone born in the country) or conditional jus soli (citizenship granted only when specific criteria are met, such as a parent’s residency or citizenship status).

The table below provides a list of countries with birthright citizenship, grouped by type and region, including EU countries with citizenship by birth and other nations that apply the principle.

Birthright Citizenship by Region

While many countries around the world with birthright citizenship are located in the Americas, the rules vary widely in Europe, Asia, Africa, and Oceania. Below is a brief overview of how the principle applies in different parts of the world.

The Americas

The Americas are home to the largest concentration of unrestricted jus soli nations, making them a key destination for those seeking automatic citizenship at birth.

• Countries like the United States, Canada, Brazil, and Argentina guarantee citizenship to anyone born in the country, regardless of parents’ nationality or immigration status.
• Narrow exceptions apply for children born to foreign diplomats or hostile occupying forces.

Europe

Most European countries with birthright citizenship operate under conditional jus soli systems.

• Examples include Portugal (1 year’s legal residency for a parent), France (parent born in France or meets residency rules), and Germany (8+ years’ residency for a parent).
• The number of EU countries with birthright citizenship has fallen over the last decades, with some nations abolishing unconditional jus soli entirely (for example, Ireland in 2005).

Asia

In Asia, jus sanguinis is the norm, and birthright citizenship is rare.

• Countries like Pakistan and Thailand apply conditional jus soli, often requiring a parent to be a legal resident or citizen.
• Many Asian nations, such as Japan or China, base nationality solely on parents’ citizenship status.

Africa

Africa shows a mixed approach to birthright citizenship laws.

• Nations such as Lesotho and Chad have conditional birthright citizenship, generally requiring that one parent be a citizen or permanent resident.
• Other African countries rely entirely on jus sanguinis.

Oceania

Australia and New Zealand formerly had unconditional jus soli, but both shifted to conditional systems in the 1980s to 2000s.

• Today, children born there only qualify if one parent is a citizen or permanent resident.

Pros and Cons of Birthright Citizenship

Like most nationality laws, birthright citizenship has both advantages and challenges. Countries that grant citizenship to children born on their soil often do so to promote fairness and prevent statelessness, while others have restricted or abolished the practice to address concerns about immigration policy and birth tourism.

Pros

• Automatic citizenship at birth: Provides a clear, simple path to nationality for individuals born within a country’s territory, regardless of their parents’ nationality.
• Prevents statelessness: Protects children of unknown or stateless parents, ensuring they are not left without a legal nationality.
• Encourages social inclusion: Allows children of immigrants or foreign nationals to integrate from birth, fostering stronger ties to the country.
• Legal clarity: Reduces disputes about who qualifies as a citizen, minimizing legal challenges and uncertainty.
• Human rights benefits: Recognized by many legal scholars as a safeguard for equality and a tool against discrimination.

Cons

• Immigration policy concerns: Critics argue that unconditional birthright citizenship may encourage illegal immigration or birth tourism, where individuals travel specifically to secure citizenship for their child.
• Conditional requirements create complexity: In countries with conditional birthright citizenship, families must prove parents’ legal status, which can lead to administrative burdens and denied citizenship claims.
• Legal and political debates: In some nations, birthright citizenship is subject to constitutional amendments, executive orders, or rulings by the Supreme Court, leading to uncertainty and frequent policy debates.
• Exclusions: Most systems exclude children of foreign diplomats or individuals not under the country’s jurisdiction, which can create rare but complex cases.
• Potential for inequality: Where rules differ between unrestricted jus soli and restricted jus soli, access to citizenship may depend heavily on immigration history rather than the principle of equal treatment.

Documentation and Requirements for Citizenship by Birth

In conditional birthright citizenship systems, applicants must provide:

• Birth certificate issued in the country.
• Proof of parents’ legal status (citizenship, permanent residency, or length of stay).
• In some countries, proof of foreign parents’ marriage or residency continuity.

Failure to meet documentation standards can delay or deny citizenship, especially in countries with stricter eligibility rules.

Alternative Routes to Citizenship

You’ve read birthright citizenship countries list and what they require to grant it, but if you don’t have a claim to birthright citizenship, there are alternative methods on how to get second citizenship such as:

Citizenship by Naturalization

Naturalization is the most common way people obtain citizenship. Citizenship by naturalization usually involves an individual being a permanent legal resident in a country for a specified number of years and then applying for citizenship.

Receiving lawful permanent residence in Europe long enough to acquire citizenship can be challenging. It often takes a long and earnest commitment, such as marriage or having children.

If you’re fortunate, a company will sponsor your work visa for enough time for you to be naturalized.

Citizenship by Investment

The fastest way for some citizens to be granted citizenship other than by birthright is Citizenship by Investment (CBI). For example, the Turkish government offers a Turkey Citizenship by Investment program which can be used to help expedite the naturalization application through you making a financial contribution.

• Most common investment options include real estate purchases, investments in business ventures, government bonds, or donations to economic development funds. Each country may have its specific requirements.
• Investment amounts for CBI programs vary significantly.

Typical investment amounts for Citizenship by Investment programs vary significantly but they generally range from as little as $100,000 to over a million.

Citizenship by Marriage

Citizenship by marriage is a legal pathway that enables a foreign national to acquire citizenship in a country by marrying one of its citizens. This process often involves meeting specific conditions, such as residing in the country for a certain period, maintaining a genuine marital relationship, and undergoing background checks.

The application process typically requires the foreign spouse to provide documentation, including a valid passport, birth and marriage certificates, proof of cohabitation, and evidence of financial stability.

Several countries offer relatively straightforward paths to citizenship through marriage, often with minimal residency requirements and shorter marriage durations.

These methods above all allow you to get a second passport in a country you may not otherwise have access to or might have to wait a long time to become a citizen of.

Frequently Asked Questions about Birthright Citizenship

What is birthright citizenship?

Birthright citizenship is the legal right to citizenship for anyone born within a country’s territory, regardless of their parents’ nationality or legal status. This principle is also known as jus soli.

How many countries in the world offer birthright citizenship?

As of 2025, around 30 countries, mostly in the Americas, grant full, unconditional birthright citizenship. Many others offer conditional jus soli based on residency or other criteria.

Which countries still have unrestricted birthright citizenship?

Unrestricted jus soli is most common in the Americas.

Examples include the United States, Canada, Brazil, and Argentina.

Do any European countries offer birthright citizenship?

Yes, but it’s typically conditional. For instance, Portugal grants citizenship if at least one parent has legally resided in the country for a set period before the child’s birth.

Which EU countries grant birthright citizenship to children born on their soil?

Some EU countries, such as France, Germany, and Portugal, have conditional birthright citizenship requiring a parent’s residency or citizenship.

Are there Asian countries that provide citizenship by birth?

Few Asian nations do. Pakistan and Thailand offer forms of conditional jus soli, while most rely on jus sanguinis.

Do foreign parents get citizenship through birth of their child?

No, parents do not automatically acquire citizenship with their children.

Do African countries offer birthright citizenship?

Yes, several African countries, including Lesotho and Chad, have provisions for birthright citizenship, but many require at least one parent to be a citizen or legal resident.

How does birthright citizenship work in the United States?

The U.S. Constitution’s 14th Amendment grants automatic citizenship to anyone born on U.S. soil, except for children of foreign diplomats.

Which countries have recently abolished birthright citizenship?

Ireland (2005), India (1987), and the UK (1983) have all chosen to restrict or end birthright citizenship.

Is birthright citizenship automatic in every country that offers it?

No. In conditional systems, the child must meet certain criteria, such as a parent’s residency status or nationality.

What documentation is needed to claim citizenship by birth?

Usually, a birth certificate issued in the country and proof of the parents’ status at the time of birth are required.

Can a tourist’s child get birthright citizenship?

Yes, in countries with unconditional  (with the exception of children of diplomats). In conditional systems, temporary visitor status usually does not qualify.