Birthright citizenship, also known as jus soli (right of the soil), is the legal right to acquire citizenship simply by being born within a country’s territory, regardless of the parents’ nationality or birth country. While this principle is common in the Americas, it is rare in Europe, Asia, and Africa.
In this article, we explore the definition of birthright citizenship, how it’s determined, which countries offer conditional and unconditional birthright citizenship in 2025, advantages as well as alternative routes to citizenship:
What is Birthright Citizenship?
Birthright citizenship (also known as law of soil or jus soli), is the legal principle that grants citizenship to individuals born within a country’s territory, regardless of their parent’s nationality.
There is also a second meaning in the form of right of blood or jus sanguinis whereby a child becomes a citizen because at least one of their parents was a citizen at the time of their birth.
What’s the Difference Between Jus Soli and Jus Sanguinis?
Jus soli or right of soil defines nationality or the right to acquire citizenship through simply the act of being born within a country or territory. In jus soli countries citizenship is automatically granted to individuals born on their soil, regardless of parentage. Examples of jus soli countries include Antigua and Barbuda, Argentina, Barbados, Belize, Brazil, Canada, Chile, Cuba, Dominica, Ecuador, and El Salvador.
Jus sanguinis, on the other hand, determines citizenship by descent. Citizenship is granted if one or both of the person’s parents are citizens of that country, even if the person is born outside its borders. It can also include legal parents such as is the case in adoption. Examples of jus sanguinis countries include South Africa, Taiwan and Mongolia.
Besides the above two means, a person can also automatically acquire citizenship from national identities of ethnic, cultural, or other origins, such as an Aboriginal tribe or Native Americans.
Top 22 Countries Offering Birthright Citizenship
While some countries offer citizenship to children born on their territory, it may sometimes also depend on the parents’ citizenship status and other factors.
Citizenship is often, but not always, automatically granted if at least one parent is already a citizen or permanent resident at the time of birth.
Here is a list of the top birthright citizenship countries and the unique conditions they require:
Belgium
You can obtain birthright citizenship in Belgium if:
- One parent was also born in Belgium and is a legal resident.
- One parent has legally resided in Belgium for at least 10 years.
- The child has lived in Belgium from birth until age 18, has always been stateless, and then applies for citizenship.
- The child is born to stateless or unknown parents.
Cyprus
You can obtain birthright citizenship in Cyprus if:
- At least one parent is a Cypriot citizen at the time of birth.
Being born in Cyprus alone does not grant citizenship unless the parent is a citizen.
France
France practices conditional jus soli.
Citizenship is acquired automatically at 18 if:
- You were born in France and have lived there for at least 5 years between ages 11–18
- From age 13 or 16, the child can request early naturalization under similar residency conditions
- Children born to foreign parents born in former French territories (before independence) may be eligible. Limitations apply.
France does not grant automatic birthright citizenship solely based on being born on French soil unless conditions are met.
Germany
Germany offers conditional birthright citizenship (jus soli) if:
- A child is born after 1 January 2000, and at least one parent has legally resided in Germany for 8+ years and holds permanent residency.
- A child with a German parent is a citizen by descent, regardless of birthplace.
The marital status of parents is not a condition for jus soli citizenship. Citizenship is through parental nationality or conditional birthright.
Greece
Citizenship by birth in Greece is possible if:
- At least one parent is a Greek citizen.
- Child is born in Greece, and one parent has been a legal resident for 5+ years before birth.
- Both parents are legal residents, and the child completes 6 years of schooling in Greece.
Finland
You can obtain birthright citizenship in Finland if:
- The mother is a Finnish citizen at time of birth.
- The father is a Finnish citizen and is married to the mother at time of birth and paternity is recognized.
- Child is born in Finland, and the father is Finnish, regardless of marital status.
Ireland
You can obtain birthright citizenship in Ireland if:
- A child is an Irish citizen by birth if born before 1 January 2005 in Ireland.
- A child is an Irish citizen by birth if born in Ireland after 2005 and one parent is an Irish/British citizen or a lawful resident with 3+ years’ residence in the past 4 years.
- One parent is an Irish citizen born in Ireland.
Italy
Italy does not grant unconditional birthright citizenship.
A child born in Italy can acquire citizenship if:
- They have resided in Italy continuously since birth and apply for citizenship at age 18.
- Descent-based rules (citizenship by descent) apply widely through paternal and post-1948 maternal lines.
Being born in Italy alone does not grant automatic citizenship at birth.
Luxembourg
You can obtain birthright citizenship in Luxembourg if:
- One parent was born in Luxembourg with some residency connection or is a legal Luxembourg citizen.
- 18 years old, and both parents were physically present in Luxembourg in the 12 months preceding birth.
- 18 years old and has lived continuously in Luxembourg for the five years preceding their 18th birthday.
Portugal
You can obtain Portugal citizenship by birth if:
- At least one of the parents is a legal Portuguese citizen.
- One parent has been a legal resident in Portugal for at least one year at the time of birth.
Spain
Citizenship by birth in Spain is granted if:
- One parent is Spanish.
- Parents are stateless, unknown, or their home country does not grant citizenship to the child. Spain has a favorable policy for children of Latin American parents in such cases.
Being born in Spain alone does not automatically grant citizenship.
Sweden
Birthright citizenship can be obtained in Sweden if:
- Born in Sweden after 1 April 2015, and at least one parent is Swedish.
Born before 1 April 2015, citizenship rules depend on marital status and which parent is the Swedish citizen.
Malta
A child is a given birthright citizenship in Malta if:
- At least one parent is a Maltese citizen.
- A child is born in Malta between 1964 and 2000.
Post-2000, birth in Malta does not automatically grant citizenship unless one parent is a citizen or meets specific legal conditions.
United Kingdom
Birthright citizenship in the UK can be granted if:
- At least one parent is a British citizen or permanent resident at the time of birth.
- They have 10 years of continuous residence in the UK and then apply for citizenship.
Since 1983, being born in the UK alone does not provide automatic citizenship.
Canada
Canada practices unrestricted birthright citizenship:
- If a child is born on Canadian soil they are granted automatic citizenship, regardless of parents’ immigration status.
There is an exception for children born to foreign diplomats and those with diplomatic immunity.
United States
You can obtain birthright citizenship in the United States if:
- Born in the US, regardless of the parents’ nationality at the time of birth.
Automatic birthright citizenship does not apply to children of foreign diplomats or individuals with diplomatic immunity.
Brazil
A child born in Brazil becomes a citizen if:
- Born on Brazilian soil, regardless of parents’ citizenship status.
Children of foreign diplomats do not receive automatic birthright citizenship.
Antigua and Barbuda
You can obtain birthright citizenship in Antigua and Barbuda if:
- At least one parent is a citizen or legal resident at the time of birth.
Since 1981, no unconditional jus soli exists for children of non-residents.
Australia
You can obtain birthright citizenship in Australia if:
- Born in Australia, and at least one parent is a citizen or permanent resident at the time of birth.
Children born to non-residents after 1986 and/or born to foreign diplomats are excluded from getting automatic citizenship at birth.
New Zealand
You can obtain birthright citizenship in New Zealand if:
- At least one parent is a citizen or permanent resident of New Zealand.
Unrestricted jus soli ended in 2006.
India
You can obtain birthright citizenship in India if:
- Born in India, and at least one parent is an Indian citizen.
Since 2004, children born in India to foreign nationals do not automatically receive citizenship unless at least one parent is a legal Indian citizen.
Pakistan
You can get birthright citizenship in Pakistan if:
- Born in Pakistan unless the parents are foreign diplomats or illegal immigrants.
What Are the Conditions of Birthright Citizenship?
Not all countries that offer birthright citizenship do so unconditionally. While some grant automatic citizenship to anyone born on their soil, others apply specific conditions that must be met. These conditions often depend on the legal immigration status of the parents, the duration of their residence, or other national requirements.
Here are common conditions countries may impose:
- At least one parent must be a legal permanent resident or citizen of the country at the time of birth.
- Parents must have resided in the country for a minimum number of years before the child is born.
- The child must remain in the country until adulthood to qualify for citizenship automatically or through application.
- Statelessness prevention clauses may grant citizenship if the child would otherwise be stateless.
- Additional registration or application steps may be required to formalize citizenship.
These variations result in two main types of jus soli:
- Unrestricted birthright citizenship: granted automatically to nearly all children born on the territory.
- Restricted birthright citizenship: granted only when certain legal or residency conditions are met.
In almost all cases, persons born abroad to foreign diplomats or other government employees on active duty will acquire their parent’s citizenship.
Rare cases also exist where a Supreme Court decision grants birthright citizenship on clear and convincing evidence of extenuating circumstances. This can be a stateless child due to unknown or stateless parents or a child born abroad who has a legal parent through adoption.
Pros and Cons of Birthright Citizenship
Pros
It’s faster and easier to claim citizenship by birth than through naturalization.
- It allows a child born abroad to foreign parents to become a citizen without going through the lengthy and complicated naturalization process.
- It gives people a sense of belonging to a particular nation and a strong identity.
- It helps to preserve cultural ties and ensures that people without strong ties to their country of origin can become citizens.
- It entitles people to the rights and privileges of a citizen, such as voting rights and access to government services.
- It usually makes obtaining a passport and traveling to other countries easier.
Cons
- Persons born abroad who acquire citizenship status in this way may not have a strong connection to their country of origin and may not feel very patriotic.
- Persons born abroad may not be familiar with their country’s customs and traditions, making many feel alienated.
- It can result in discrimination against those without certain ancestry and create difficulties for people who have moved away from their birthplace or have parents of different nationalities.
- They may not have access to certain benefits available to naturalized citizens, such as financial assistance from the government.
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 acquire nationality or citizenship by being born within a country’s territory, regardless of the parents’ nationality.
What are the pros and cons of birthright citizenship?
The pros include simplified nationality for children and support for immigrant integration.
The cons may involve legal problems if it was acquired through birth tourism or the misuse of the policies.
What is the difference between a natural-born citizen and a birthright citizen?
The terms natural-born citizen and birthright citizen are often used interchangeably, but they can have different meanings depending on the legal or constitutional context, especially in countries like the United States.
Birthright citizenship applies countries with jus soli policies and citizenship is acquired through being born in the country. Natural-born citizenship is used in legal or constitutional circumstances and you are born a citizen.
Are there any European countries with birthright citizenship?
Most European countries do not offer unconditional birthright citizenship, but there are some that have modified jus soli laws under specific conditions, like France and Germany.
How many countries have birthright citizenship?
At least 33 countries, mostly located in the Americas, provide automatic citizenship to anyone born within their borders.
What countries have unrestricted birthright citizenship?
Unrestricted jus soli countries include the United States, Canada, Brazil, Argentina, and most Caribbean nations.
Do parents get citizenship through birth of their child?
No, parents do not automatically acquire citizenship with their children.
Is it legal to give birth in the US as a tourist?
No, the primary purpose of entering the US on a tourist visa to give birth is not legal as it constitutes “birth tourism” and is considered an abuse of the immigration system.
How does a person become a US citizen according to the rule of jus soli?
According to the rule of jus soli in the United States, a person becomes a US citizen if they are born within the territory of the United States.
Has the United States ended birthright citizenship?
No, the United States has not ended birthright citizenship.However, the policy is under significant legal scrutiny following an executive order issued by President Donald Trump in January 2025. It is currently under review by the U.S Supreme Court.
What are the requirements for birthright citizenship in Germany?
In Germany, a child born to foreign parents qualifies for citizenship at birth if at least one parent has lived in Germany legally for eight years and holds permanent residency.
Can a child born in Australia automatically become a citizen?
No, a child born in Australia can only become a citizen at birth if at least one parent is an Australian citizen or permanent resident.
Under what conditions can a country deny citizenship by birth?
A country can deny citizenship by birth if the:
- Parents are undocumented or on temporary visas.
- Parents are foreign diplomats or hold diplomatic immunity.
- Country only follows jus sanguinis (citizenship by descent), not jus soli (citizenship by birth on soil)
- Parent(s) are neither a citizen or permanent resident.
- Parents haven’t lived in the country long enough.
- Child is born in disputed or non-sovereign territory.